People v. Aponte

In People v. Aponte (249 AD2d 553 [2d Dept 1998]), the Court focused on operability of the firearm as being the essential element of criminal possession of a weapon in the second degree. The lower court failed to charge the jury on the element of operability. Accordingly, the defendant's conviction for criminal possession of a weapon in the second degree was vacated and that count of the indictment dismissed.