New York Court of Appeals
The People of the State of New York, Respondent v. David G. Longshore, Appellant
October 19, 199586 N.Y.2d 851
Summary
The Court reversed the County Court order and dismissed the informations, holding that to convict under Penal Law § 265.01(4) the State must prove the defendant possessed an operable rifle or shotgun. The Court reasoned that operability is a necessary element for all firearm possession offenses, including rifles and shotguns.