Ordered that the judgment is modified, on the law, by vacating the conviction of criminal possession of a weapon in the third degree and vacating the sentence imposed thereon; as so modified, the judgment is affirmed.
The defendant's conviction of criminal possession of a weapon in the third degree (see Penal Law § 265.02 [former (4)]) must be vacated as that count of the indictment had been dismissed by another judge prior to trial and was later mistakenly...
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