Opinion
October 14, 1986
Appeal from the Supreme Court, Queens County (Eiber, J.).
Justice Niehoff has been substituted for the late Justice Gibbons (see, 22 NYCRR 670.2 [c]).
Ordered that the judgment is modified, on the law, by reversing the defendant's conviction on one count of criminal possession of a weapon in the fourth degree, vacating the sentence imposed thereon, and dismissing that count of the indictment. As so modified, the judgment is affirmed.
Reviewing the record in the light most favorable to the People (see, People v Contes, 60 N.Y.2d 620), we find that the evidence was legally sufficient to support the jury's verdict with respect to the counts of the indictment charging the defendant with criminal possession of stolen property in the second and third degrees, and criminal possession of a weapon in the fourth degree premised upon his possession of a dark-handled gravity knife. The People concede, however, that they failed to establish the operability of a second, light-handled knife as a gravity knife, and, therefore, one count of criminal possession of a weapon in the fourth degree must be dismissed. Thompson, J.P., Weinstein, Niehoff and Spatt, JJ., concur.