People v. Barbour

— Appeal by defendant from a judgment of the Supreme Court, Kings County (Clemente, J.), rendered October 19, 1981, convicting him of criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence. The People cross-appeal from so much of the judgment as sentenced defendant as a persistent felony offender rather than as a persistent violent felony offender. Judgment reversed, on the law and as a matter of discretion in the interest of justice, and new trial ordered. The People’s cross appeal is dismissed as moot. Defendant was tried for the crime of criminal…