People v. Wilfong

OPINION OF THE COURT

Judgment of conviction rendered November 2, 1987 modified, on the law and on the facts, to the extent of dismissing the charge of criminal possession of a weapon in the fourth degree and remanding to the Criminal Court for resentencing and, as so modified, affirmed.

Penal Law § 265.01 (2) (criminal possession of a weapon in the fourth degree) prohibits the possession of "any dagger, dangerous knife, dirk, razor, stiletto, imitation pistol or any other dangerous or deadly instrument or weapon with intent to use the same unlawfully against another”. On this appeal, defendant…