People v. Smothers

Appeal from a judgment of the Erie County Court (Timothy J. Drury, J.), rendered October 27, 2004. The judgment convicted defendant, upon a jury verdict, of murder in the second degree and criminal possession of a weapon in the third degree.

It is hereby ordered that said appeal from the judgment insofar as it imposed sentence for criminal possession of a weapon in the third degree be and the same hereby is unanimously dismissed (see People v Haywood, 203 AD2d 966 [1994], Iv denied 83 NY2d 967 [1994]) and the judgment is modified on the law by reducing the conviction of murder in the second…