It is hereby ordered that the judgment so appealed from is unanimously reversed on the law and a new trial is granted on counts two and four of the indictment.
Memorandum: Defendant appeals from a judgment convicting him, upon a jury verdict, of criminal possession of a weapon in the second degree (Penal Law § 265.03 [3]) and criminal possession of a weapon in the third degree (§ 265.02 [1]). We conclude that, when viewed in light of the elements of the...
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