Opinion
April 2, 1974
Appeal from the District Court of Suffolk County, First District, LAWRENCE NEWMARK, J.
George J. Aspland, District Attorney, and Francis W. Rhinow, Acting District Attorney ( Jerold E. Nemetz and Kevin J. Crowley of counsel), for appellant.
John F. Middlemiss ( Leon J. Kesner of counsel), for respondent.
MEMORANDUM.
Appeal from judgment after trial, dismissing the information, is unanimously dismissed on the law.
No appeal may be had by the People from the judgment entered after trial herein, which was not a trial order of dismissal. (See opinion of court below, 73 Misc.2d 500.) The question of whether the sawed-off shotgun in defendant's possession was of a size which may be concealed upon the person, presented a triable issue of fact. (See People v. Palermo, 36 A.D.2d 565.)
Concur — HOGAN, P.J., PITTONI and FARLEY, JJ.