PEOPLE v. McCLAMB


155 A.D.2d 916 (1989)

The People of the State of New York, Respondent, v. Daniel McClamb, Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

November 15, 1989


Judgment unanimously modified on the law and as modified affirmed, in accordance with the following memorandum:

As the People concede, count four, criminal possession of a weapon in the third degree, is a lesser included offense of count one, criminal possession of a weapon in the second degree. Defendant was convicted of both counts. Accordingly, defendant's conviction on count four is reversed, the sentence thereon vacated, and that count is dismissed. We have examined...

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