People v. Rosa

113 A.D.2d 722, 1985 N.Y. App. Div. LEXIS 52403

Opinion

Motion granted to the extent of amending the decretal paragraph of the order of this court entered on May 30, 1985 [108 AD2d 531] and the last sentence of the opinion accompanying said order by deleting the last nine words thereof in each and inserting, in place thereof, the following: "and the indictment, except as to the two counts of criminal possession of a weapon in the second degree, is dismissed, without prejudice, with leave to the respondent to re-present any appropriate charges to another Grand Jury, and the two counts of criminal possession of a weapon in the second degree are remanded for a new trial.” Concur—Kupferman, J. P., Ross, Bloom, Kassal and Rosenberger, JJ.