Ordered that the sentence is modified, on the law, by vacating the indeterminate term of 2½ to 5 years' imprisonment imposed upon the charge of criminal possession of a weapon in the third degree; as so modified, the sentence is affirmed.
Although it appears that criminal possession of a weapon in the third degree was among the original counts of the indictment, the minutes of the plea proceeding make clear that the defendant pleaded guilty to criminal possession...
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