Appellate Division, Fourth Department · July 24, 2026 · 2026 NY Slip Op 04687
Matter of Mahoney v Garcia
Read the official decision: 2026 NY Slip Op 04687
Holding The court affirmed the lower court’s order directing the return of a handgun because the Sheriff failed to prove that the weapon was used in the commission of an offense. Since the use of the firearm was justifiable and not criminal, it did not qualify as a nuisance weapon under Penal Law § 400.05 (1).
The court’s words
The gun used in the shooting is a nuisance weapon and it is therefore ineligible for return
2026 NY Slip Op 04687, at the official text
conduct for which a sentence to a term of imprisonment or to a fine is provided by any law
2026 NY Slip Op 04687, at the official text
action that is justifiable does not constitute an offense
2026 NY Slip Op 04687, at the official text
failed to establish by a preponderance of the evidence that the handgun had been used in the commission of an offense
2026 NY Slip Op 04687, at the official text
| Court | Appellate Division, Fourth Department |
|---|---|
| Decided | July 24, 2026 |
| Citation | 2026 NY Slip Op 04687 |
| Area of law | Criminal Law · Real Property |
| Week | Week ending July 25, 2026 |
| Official text | Official decision: 2026 NY Slip Op 04687 |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 555 |
Recommended citation
ESQ HQ, New York Law Watch, Matter of Mahoney v Garcia, 2026 NY Slip Op 04687 (Appellate Division, Fourth Department, July 24, 2026), https://esqhq.com/decisions/2026-ny-slip-op-04687/
How this record was made
Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.
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