AT1 order dated June 19, 2015, affirming dismissal of accusatory instrument for facial insufficiency. Decision below: 48 Misc. 3d 127 (A), 18 NYS 3d 581, 2015 WL 3824054. Stein, J., granted leave to People September 22, 2015.

ISSUE PRESENTED: Whether the item described in the accusatory instrument, a “rubber-gripped, metal, extendable baton,” constituted a “billy,” a per se weapon under PL 265.01(1). (Assigned counsel for defendant: Marika Meis, The Bronx Defenders, 360 East 161st, Bronx NY 10451.)