People v. Howard

Judgment unanimously reversed, on the law and facts, and a new trial granted. Memorandum: Appellant was convicted, after a jury trial, of one count of criminal possession of a weapon in the third degree (Penal Law, § 265.02, subd [1]). The evidence indicates that undercover agents of the Rochester Police Department approached James Jett for the purpose of acquiring a pistol. Together with Jett the undercover agents drove to appellant’s store in Canandaigua. Jett approached appellant, and after a short conversation, reached into a nearby automobile registered to appellant and retrieved an…