People v. Johns

Appeal by defendant from a judgment of the County Court, Nassau County, rendered October 25, 1977, convicting him of criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence. Judgment reversed, on the law, and new trial ordered. No issue has been raised as to the sufficiency of the evidence. Although defendant’s contentions regarding deficiencies in the charge and an alleged variance between the charges in the indictment and the proof at trial are *844without merit, we are constrained to reverse and order a new trial because defendant did not receive a fair…