Judgment unanimously reversed on the law and indictment dismissed.
Memorandum:
On this appeal by defendant from a judgment convicting him of two counts of criminal possession of a weapon in the third degree, we find that the circumstantial evidence is insufficient to support his conviction. At the outset, we note that this case was tried, and the jury instructed, on the theory that defendant constructively possessed the weapon and that, because the evidence...
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