People v. Davis

Weinstein, J.,

concurs in part and dissents in part, and votes to affirm the judgment appealed from, with the following memorandum: I note initially that I have no quarrel with the majority’s rejection of the defendant’s contention that the count of the underlying indictment which charged him with the crime of criminal possession of a weapon in the second *784degree was duplicitous and defective for lack of specificity. However, I strongly disagree with the majority’s finding that the evidence adduced is legally insufficient to establish the requisite grave risk of death necessary to sustain the…