Ordered that the judgment is modified, on the facts, by vacating the defendant's conviction of criminal possession of a weapon in the second degree and the sentence imposed thereon, and dismissing that count of the indictment; as so modified, the judgment is affirmed.
On the afternoon of September 5, 2014, in the outdoor courtyard of an apartment building in Brooklyn, the defendant shot the decedent in the chest, killing him. The defendant testified that upon exiting...
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