Judgment reversed, on the law and as a matter of discretion in the interest of justice, the third count of the indictment charging the defendant with criminal possession of a weapon in the fourth degree, i.e., a knife, is dismissed, and the matter is remitted to the Supreme Court, Queens County, for a new trial on the second count of the indictment charging him with criminal possession of a weapon in the fourth degree, i.e., a baseball bat, without prejudice to the People...
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