Ordered that the judgment is modified, as a matter of discretion in the interest of justice, by reducing the defendant's conviction of criminal possession of a weapon in the third degree to criminal possession of a weapon in the fourth degree, and vacating the sentence imposed; as so modified, the judgment is affirmed, and the matter is remitted to the Supreme Court, Queens County, for resentencing.
A necessary element of criminal possession of a weapon in the third...
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