Opinion
April 5, 1985
Appeal from the Onondaga County Court, Burke, J.
Present — Hancock, Jr., J.P., Callahan, Denman, Green and O'Donnell, JJ.
Order unanimously affirmed. Memorandum: The court properly dismissed the indictment with leave to resubmit because the Grand Jury was not given adequate instructions with respect to temporary and lawful possession of a weapon. In view of the fact that no charge is pending, we need not determine whether the suppression motion was properly granted.