People v. Andrew

Appeal by the People from an order of the Supreme Court, Kings County, entered December 14, 1979, which dismissed the first count of an indictment, charging defendant with criminal possession of a weapon in the second degree. Order reversed, on the law, motion denied, first count of the indictment reinstated, and matter remitted to Criminal Term for further proceedings. Defendant was indicted for the crimes of possession of a weapon in the second degree and menacing. The trial court granted the motion by defendant to dismiss the first count of the indictment in the furtherance of justice (CPL…