Opinion
November 5, 1976
Appeal from the Erie Supreme Court.
Present — Marsh, P.J., Moule, Simons, Dillon and Witmer, JJ.
Judgment insofar as it convicts defendant of criminal possession of a weapon in the fourth degree unanimously reversed and that count of indictment dismissed, and otherwise judgment affirmed. Memorandum: There was not sufficient evidence to show defendant's possession of a knife or dangerous instrument, independent of the greater crime of robbery in the first degree. We have examined defendant's other claims of error and find them to be without merit. Therefore, the judgment of conviction in all other respects is affirmed.