Opinion
November 15, 1989
Appeal from the Supreme Court, Erie County, Kubiniec, J.
Present — Denman, J.P., Green, Pine, Balio and Lawton, JJ.
Judgment unanimously modified on the law and as modified affirmed, in accordance with the following memorandum: As the People concede, count four, criminal possession of a weapon in the third degree, is a lesser included offense of count one, criminal possession of a weapon in the second degree. Defendant was convicted of both counts. Accordingly, defendant's conviction on count four is reversed, the sentence thereon vacated, and that count is dismissed. We have examined defendant's remaining contentions on appeal and find them lacking in merit.