Ordered that the judgment is affirmed.
Contrary to the defendant's contention, since criminal possession of a weapon in the third degree under Penal Law § 265.02 (4) includes the element that the possession not occur in the defendant's home or place of business, that crime is not a lesser included offense of criminal possession of a weapon in the second degree, for which the location of the possession of the weapon is not an element (see, People v Okafore...
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