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PEOPLE v. JOHNSON

2009-10193.

94 A.D.3d 1144 (2012)

942 N.Y.S.2d 621

2012 NY Slip Op 3219

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. STEPHON RUMELL JOHNSON, Appellant.

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

Decided April 24, 2012.

Ordered that the judgment is modified, on the law, by vacating the sentence imposed on the defendant's conviction of criminal possession of a weapon in the third degree; as so modified, the judgment is affirmed and the matter is remitted to the County Court, Orange County, for resentencing on the conviction of criminal possession of a weapon in the third degree in accordance herewith.

Viewing the evidence in the light most favorable to the prosecution

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