People v. Rivera

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Groh, J.), rendered July 18, 1985, convicting him of murder in the second degree and criminal possession of a weapon in the second degree, after a nonjury trial, and imposing sentence.

Ordered that the judgment is modified, on the law, by reversing the conviction of criminal possession of a weapon in the second degree, vacating the sentence imposed thereon, and dismissing that count of the indictment. As so modified, the judgment is affirmed.

On appeal to this court, the defendant maintains that his conviction for the…