People v. Delisser

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Tomei, J.), rendered March 5, 1990, convicting him of attempted burglary in the second degree and possession of an air gun, upon a jury verdict, and imposing sentence.

Ordered that the judgment is modified, on the law, by reversing the conviction of possession of an air gun, vacating the sentence imposed thereon, and dismissing that count of the indictment; as so modified, the judgment is affirmed.

The defendant claims for the first time on appeal that the evidence adduced at the trial was legally insufficient to…