Judgment modified, on the law, by reversing the conviction for criminal possession of a weapon in the third degree and the sentence imposed thereon and dismissing that count of the indictment. As so modified, judgment affirmed.
Prior to trial, defendant moved, inter alia, to dismiss the count of the indictment charging him with criminal possession of a weapon in the third degree. The court erroneously denied this request. The indictment alleges only that defendant...
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