Opinion
MOTION NO. (1122/17) KA 13–00446
12-22-2017
The PEOPLE of the State of New York, Respondent, v. Jahari JONES, Defendant–Appellant.
Motion for reargument be and the same hereby is granted to the extent that, upon reargument, the memorandum and order entered November 9, 2017 (155 A.D.3d 1547) is amended by deleting the fourth sentence of the fourth paragraph of the memorandum and substituting in place thereof "A firearms examiner testified that the weapon was test-fired with the ammunition found in it, and thus the evidence, viewed in the light most favorable to the People (see People v. Contes, 60 N.Y.2d 620, 621, 467 N.Y.S.2d 349, 454 N.E.2d 932 [1983] ), is legally sufficient to support the conviction with respect to the January weapon count (see generally People v. Bleakley, 69 N.Y.2d 490, 495, 515 N.Y.S.2d 761, 508 N.E.2d 672 [1987] )."