Ordered that the judgment is reversed, on the law and as a matter of discretion in the interest of justice, and a new trial is ordered. No questions of fact have been raised or considered.
Viewing the evidence in the light most favorable to the prosecution, we find that it was legally sufficient to establish that the weapon possessed and employed by the defendant in the course of the assault was a "firearm" within the meaning of Penal Law § 265.00 (3) (as amended...
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