It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict of murder in the second degree (Penal Law § 125.25 [1]), criminal possession of a weapon in the second degree (§ 265.03 [1] [b]), and criminal possession of a weapon in the third degree (§ 265.02 [5] [ii]). We note at the outset that defendant's first trial ended in a mistrial for reasons not...
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