Judgment insofar as it imposes sentence for violation of section 265.05 of the Penal Law unanimously reversed, on the law, and matter remitted to Erie County Court for resentencing in accordance with memorandum, and otherwise judgment affirmed.
Memorandum:
The defendant was indicted, among other charges, for a violation of section 265.05 of the Penal Law which provides, insofar as here pertinent, in subdivision 9, as follows: "Any person who has in his possession...
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