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PEOPLE v. McALLISTER

2008-06330.

78 A.D.3d 1077 (2010)

910 N.Y.S.2d 913

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RICHARD McALLISTER, Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided November 23, 2010.

Ordered that the judgment is modified, on the law, by vacating the conviction of criminal possession of a weapon in the fourth degree, vacating the sentence imposed thereon, and dismissing that count of the indictment; as so modified, the judgment is affirmed.

As the defendant argues and the People correctly concede, criminal possession of a weapon in the fourth degree is a lesser-included offense of criminal possession of a weapon in the second degree (see

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