People v. Walker

—Judgment unanimously modified on the law and as modified affirmed and matter remitted to Supreme Court for sentencing in accordance with the following Memorandum: On appeal from a judgment convicting him of assault in the first degree (Penal Law § 120.10 [3]), criminal use of a firearm in the first degree (Penal Law § 265.09 [1] [a]), criminal possession of a weapon in the second degree (Penal Law former § 265.03) and criminal possession of a weapon in the third degree (two counts) (Penal Law § 265.02 [3], [4]), defendant contends, inter alia, that the evidence with respect to assault in the…