People v. Smith

Judgment unanimously modified on the law and as a matter of discretion in the interest of justice and as modified affirmed in accordance with the following Memorandum: Defendant was convicted of two counts of criminal possession of weapons in the third degree *713(Penal Law § 265.02 [1], [4]) and one count of prohibited use of weapons (Penal Law § 265.35 [3] [a]). He was sentenced as a second violent felony offender to concurrent, indeterminate terms of imprisonment of 21fa to 5 years on each count. However, because prohibited use of weapons is a class A misdemeanor, we modify the sentence…