It is hereby ordered that the judgment so appealed from is unanimously modified on the law by vacating the sentence imposed for criminal possession of a weapon in the third degree under count three of the indictment and as modified the judgment is affirmed, and the matter is remitted to Monroe County Court for resentencing on count three of the indictment.
Memorandum:
Defendant appeals from a judgment convicting him, after a nonjury trial, of two counts of...
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