People v. Weeden

Judgment unanimously modified, on the law and the facts, in accordance with memorandum and, otherwise, affirmed, and defendant remanded to Niagara County Court for resentencing. Memorandum: Defendant has been convicted of one count of unauthorized use of a motor vehicle (Penal Law, § 165.05) and two counts of criminal possession of a weapon, third degree (Penal Law, § 265.02, subd [4]), charges arising because of firearms found in the alleged stolen vehicle (Penal Law, § 265.15, subd 2). His principal contention on appeal is that the convictions must be reversed because the People failed to…