People v. Clarke

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Mullen, J.), rendered March 1, 2007, convicting him of criminal possession of a weapon in the third degree (two counts) and criminal possession of marijuana in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is modified, on the law, by vacating the conviction of criminal possession of marijuana in the second degree and vacating the sentence imposed thereon; as so modified, the judgment is affirmed, and a new trial is ordered on that count.

The defendant established that Detective…