Opinion
July 20, 1987
Appeal from the County Court, Nassau County (Boklan, J.).
Ordered that the judgment is affirmed.
Contrary to the contention of the defendant, the indictment was not so defective as to have rendered his conviction improper. First and foremost, the indictment, although it failed to track the language of the statute (Penal Law § 265.03), provided the defendant with fair notice of the accusations against him so that he was able to prepare a defense (see, People v. Armlin, 6 N.Y.2d 231; see, People v. Iannone, 45 N.Y.2d 589). In addition, the omission of the word "unlawfully" from the count charging criminal possession of a weapon in the second degree did not require a dismissal of that count since the omission was merely a ministerial error (see, People v. Wright, 112 A.D.2d 38, revd 67 N.Y.2d 749, on dissenting mem of Callahan, J.).
Upon viewing the evidence in a light most favorable to the prosecution, we find that it is sufficient as a matter of law to support defendant's conviction (see, People v. Malizia, 62 N.Y.2d 755, cert denied 469 U.S. 932; People v. Contes, 60 N.Y.2d 620). Furthermore, upon the exercise of our factual review power, we are satisfied that the evidence established the defendant's guilt beyond a reasonable doubt and that the verdict was not against the weight of the evidence (CPL 470.15).
The defendant's remaining contentions, including those made in his supplemental pro se brief, are unpreserved for review and, in any event, are without merit. Mangano, J.P., Eiber, Sullivan and Harwood, JJ., concur.