People v. Capra

Appeal from a judgment of the County Court of Albany County (Breslin, J.), rendered March 12, 2004, which resentenced defendant following his conviction of the crime of criminal possession of a weapon in the third degree.

Defendant was charged in a two-count indictment relating to his purported armed robbery of a pet store in the Town of Colonie, Albany County. Defendant subsequently agreed to plead guilty to the crime of criminal possession of a weapon in the third degree (see Penal Law § 265.02 [1]), under count two, in full satisfaction of the indictment. County Court accepted defendant’s…