It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously modified on the law by vacating the sentence imposed for criminal possession of a weapon in the third degree and as modified the judgment is affirmed, and the matter is remitted to Erie County Court for resentencing on count two of the superior court information.
Memorandum:
Defendant appeals from a judgment convicting him upon his plea of guilty of one count each...
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