N.Y. Penal Law § 265.02
Criminal possession of a weapon in the third degree
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§ 265.02 Criminal possession of a weapon in the third degree. A person is guilty of criminal possession of a weapon in the third degree when: (1) Such person commits the crime of criminal possession of a weapon in the fourth degree as defined in subdivision one, two, three or five of section 265.01, and has been previously convicted of any crime; or (2) Such person possesses any explosive or incendiary bomb, bombshell, firearm silencer, machine-gun or any other firearm or weapon simulating a machine-gun and which is adaptable for such use; or (3) Such person knowingly possesses a machine-gun, firearm, rifle or shotgun which has been defaced for the purpose of concealment or prevention of the detection of a crime or misrepresenting the identity of such machine-gun, firearm, rifle or shotgun; or (5) (i) Such person possesses three or more firearms; or (ii) such person possesses a firearm and has been previously convicted of a felony or a class A misdemeanor defined in this chapter within the five years immediately preceding the commission of the offense and such possession did not take place in the person's home or place of business; or (6) Such person knowingly possesses any disguised gun; or (7) Such person possesses an assault weapon; or (8) Such person possesses a large capacity ammunition feeding device; or (9) Such person possesses an unloaded firearm and also commits a drug trafficking felony as defined in subdivision twenty-one of section 10.00 of this chapter as part of the same criminal transaction; or (10) Such person possesses an unloaded firearm and also commits any violent felony offense as defined in subdivision one of section 70.02 of this chapter as part of the same criminal transaction. Criminal possession of a weapon in the third degree is a class D felony.
Notes of Decisions
Cited in 1,154
cases (119 in the last 5 years), 1976–2026 · leading case: People v. Sinistaj
People v. Sinistaj (1986)
“Several months later, on July 13, 1982, the People obtained a second indictment which replaced the weapon possession count of the original indictment and charged defendant with criminal possession of a weapon in the third degree under Penal Law § 265.”
The People v. Charles Smith The People v. Tyrell Ingram , The People v.Isma McGhee (2016)
“70 (4) as a second felony drug offender whose prior conviction was a violent felony, based upon a 2003 conviction for criminal possession of a weapon in the third degree under former Penal Law § 265.02 (4). He argues that because his prior conviction was no longer listed as a…”
People v. Jones (2013)
“03 (3) not as excluding certain cases from *58 the home or business exception, but as stating the fact that those cases are covered by the third degree statute, Penal Law § 265.02 (1). Thus defendant would paraphrase the statute as saying: “possession in the home or place of…”
People v. Muhammad (2011)
“05 [2]) and criminal possession of a weapon in the third degree (Penal Law § 265.02 [1]) for allegedly hitting an acquaintance in the head with a hammer after he became angry when the contents of an ashtray and beer were spilled on his couch.”
People v. Rodriguez (1985)
“The question presented by this appeal is whether defendant’s conviction for criminal possession of a weapon in the third degree (Penal Law § 265.02 [4]) must be set aside on the basis that the prosecution failed to affirmatively prove that the illegal possession of a weapon did…”
People v. Concepcion (2011)
“03 [2]; Penal Law § 265.02 [4], later repealed by L 2006, ch 742, § 1; Penal Law § 265.”
People v. Victor (2016)
“In conducting a weight of the evidence review, this Court must first determine whether a different conclusion would have been unreasonable and, if such conclusion would not have been unreasonable, we then “weight ] the relative probative force of conflicting testimony and the…”
People v. Marrero (1987)
“Defendant stands convicted after a jury trial of criminal possession of a weapon in the third degree for carrying a loaded firearm without a license (Penal Law § 265.02). He concedes that he possessed the unlicensed weapon but maintains that he did so under the mistaken…”
People v. Montilla (2008)
“As a result of this incident, he was subsequently indicted for one count of third-degree criminal possession of a weapon (Penal Law § 265.02 [1]) and one count of second-degree menacing (Penal Law § 120.”
People v. Rojas (2001)
“The fifth count of the indictment charged defendant with the criminal possession of a weapon in the third degree, a pen, in violation of Penal Law § 265.02 (1). Prior to trial, defendant moved for severance of the trial of the two incidents.”
The People v. Phillip Couser (2016)
“15 [4]), and third-degree criminal possession of a weapon (see Penal Law § 265.02 [1]). During trial, four of the victims testified for the People.”
Lawrence P. Dixon v. Thomas J. Miller, Acting Superintendent, Woodbourne Correctional Facility (2002)
“21 [1] (1975)) and Criminal Possession of a Weapon in the Third Degree ( N.Y. Penal Law § 265.02 [4] (1974)). Dixon received concurrent sentences of fifteen years to life and one to three years, and was released on parole in July 1998 after having served the minimum fifteen…”
— N.Y. Penal Law § 265.02(1) — 11 cases
Walston v. City of N.Y. (2018)
Cunningham v. Conway (2010)
Drake v. Woods (2008)
People v. Mayes (2024)
People v. Mayes (2024)
— N.Y. Penal Law § 265.02(2) — 2 cases
Oehler v. Nietzel (2024)
— N.Y. Penal Law § 265.02(3) — 3 cases
Coggins v. County of Nassau (2009)
People v. Easley (2019)
Matter of Londell S. (2005)
— N.Y. Penal Law § 265.02(4) — 12 cases
People v. Stallone (2022)
Jimenez v. Walker (2001)
Lyons v. Johnson (1996)
El v. Artuz (2000)
United States v. Cutolo (1994)
— N.Y. Penal Law § 265.02(5)(i) — 1 case
— N.Y. Penal Law § 265.02(5)(ii) — 2 cases
People v. Hibbert (2023)
People v. Hibbert (2023)
— N.Y. Penal Law § 265.02(7) — 3 cases
People v. Thompson (2025)
People v. Loney (2018)
People v. Javon L. (2020)
— N.Y. Penal Law § 265.02(8) — 9 cases
People v. Drake (2024)
People v. Drake (2024)
People v. Chance (2025)
People v. Watts (2025)
People v. Johnson (2025)
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