Believing there were fatal problems with the government's case, Thomas Poidomani appealed after he was convicted of criminal possession of a weapon in the fourth degree.
Because a conviction required that the weapon be operable at the time of the arrest, and it was never claimed that Poidomani's firearm was in working condition, the Appellate Term, Second Department, thought that omission rendered the proceedings "jurisdictionally defective" and ended up dismissing the case.
That didn't work for the prosecution.
To view a copy of the Appellate Term's decision, please use this link: People v. Poidomani