Judgment modified, on the law, by reversing the conviction of criminal possession of a weapon in the fourth degree and the sentence imposed thereon, and said count is dismissed. As so modified, judgment affirmed and case remanded to the Supreme Court, Queens County, for further proceedings pursuant to CPL 460.50 (subd 5).
Under the facts of this case, criminal possession of a weapon in the fourth degree is an inclusory concurrent count of criminal possession of a...
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