Defendant was charged in the indictment with criminal possession of a weapon in the third degree pursuant to Penal Law § 265.02 (1) (i.e., commission of criminal possession of a weapon in the fourth degree by a person who has previously been convicted of a crime). The charge as set forth in the indictment was not submitted to the jury but instead the court submitted criminal possession of a weapon in the third degree under Penal Law § 265.02 (5) (ii), which is defined...
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