People v. Vastola

— Appeal by defendant from a judgment of the Supreme Court, Suffolk County, rendered June 23, 1977, convicting him of criminal possession of a weapon in the third degree and possession of untaxed cigarettes for the purpose of sale, after a nonjury trial, and imposing sentence. Judgment modified, on the facts, by reversing the conviction of criminal possession of a weapon in the third degree, and the sentence imposed thereon, and the said count is dismissed. As so modified, judgment affirmed. The People failed to establish the defendant’s guilt of the weapons possession count beyond a…