People v. Till

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, and the case remitted to that Court in accordance with CPL 470.25 (2) (d); 470.40 (2) (b).

Defendant was convicted, following a jury trial, of criminal possession of a loaded weapon (Penal Law § 265.03). The guilty count factually evolved out of an uncharged armed street robbery that allegedly occurred around midnight in The Bronx. After the robbery, during the attempted escape that was proximate in time and location, defendant fired his weapon at an off-duty New York City Housing Authority police officer,…