Judgment modified, on the law, by reversing the conviction of possession of weapons, etc., as a felony, and the sentence imposed thereon, and the said count is dismissed. As so modified, judgment affirmed.
Under the facts of this case, appellant's conviction of the crime of assault in the first degree mandates dismissal of the lesser included concurrent count of possession of weapons, etc., as a felony (see CPL 300.40; People v Garcia,
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