People v. Tejada

101 A.D.2d 757, 475 N.Y.S.2d 400, 1984 N.Y. App. Div. LEXIS 18394

Opinion

Judgment, Supreme Court, New York County (H. Bell, J.), rendered March 22, 1983, convicting defendant, after Bench trial, of criminal possession of a weapon in the second degree (Penal Law, § 265.03), is unanimously modified, on the law and the facts, and as a matter of discretion in the interest of justice, so as to reduce the conviction to a conviction of criminal possession of a weapon in the third degree (Penal Law, § 265.02, subd [4]), and the case is remitted to the Trial Term with the direction to sentence the defendant accordingly, and the judgment is otherwise affirmed. H On the facts of this case, the evidence does not establish beyond a reasonable doubt that defendant intended to use the pistol unlawfully against another. In this case the interest of justice will be better served by a conviction of criminal possession of a weapon in the third degree. Concur — Kupferman, J. P., Sandler, Ross, Silverman and Alexander, JJ.