Defendant was charged with criminal possession of a weapon in the third degree pursuant to Penal Law § 265.02 (1), which requires a prior conviction as an essential element of the crime. The special information filed with the indictment stated that defendant had been convicted of criminal possession of marijuana in the fifth degree in 2003. However, at the plea proceeding, after defendant admitted that he possessed a gravity knife, the court inadvertently elicited defendant...
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