Opinion
March 11, 1986
Appeal from the Supreme Court, New York County (Albert P. Williams, J.).
Defendant correctly contends, and the People concede, that since both counts herein concern the same transaction, the crime of criminal possession of a weapon in the third degree for possessing a loaded firearm is a lesser included offense of criminal possession of a weapon in the second degree for possessing a loaded firearm with the intent to use it unlawfully against another. (People v. Jackson, 111 A.D.2d 648.) Consequently, defendant is entitled to dismissal of his conviction for criminal possession of a weapon in the third degree and vacatur of the sentence imposed thereon.
Concur — Sullivan, J.P., Fein, Lynch, Milonas and Kassal, JJ.