People v. Sweeney

— Appeal by the defendant from a judgment of the Supreme Court, Queens County (Sharpe, J.), rendered December 15, 1982, convicting him of assault in the first degree and criminal possession of a weapon in the fourth degree, upon a jury verdict, and imposing sentence.

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

The defendant’s first trial ended in a mistrial when the jury could not agree on a verdict. After…