Judgment unanimously reversed, on the law and facts, and a new trial granted.
Memorandum:
Appellant was convicted, after a jury trial, of one count of criminal possession of a weapon in the third degree (Penal Law, § 265.02, subd [1]). The evidence indicates that undercover agents of the Rochester Police Department approached James Jett for the purpose of acquiring a pistol. Together with Jett the undercover agents drove to appellant's store in Canandaigua...
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