People v. Corniel

DECISION AND ORDER The motion to inspect the grand jury minutes is granted. Upon inspection of the grand jury minutes, the motion to dismiss the indictment or reduce the crimes charged therein is denied. The defendant contends that Counts 3-10, charging him with Criminal Possession of a Weapon in the Third Degree (Penal Law §265.02[8]) for possessing a “large capacity ammunition feeding device” are legally insufficient, because the People did not adduce evidence of their operability. The defendant points out that the People did not test the magazines for operability, only capacity, and asserts that he kept the magazines as a “souvenir” from his military service. Furthermore, the defendant asserts that—according to his commanding officers — the magazines were only for training purposes and would not function with live ammunition. The defendant cites caselaw holding that other classes of weapons — primarily firearms — must be operational in order for their possession to be criminal. See Defense Motion at