People v. Pegues

— Appeal by the defendant from a judgment of the Supreme Court, Westchester County (Braatz, J.), rendered November 15, 1985, convicting him of assault in the second degree and criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is modified, on the facts, by reversing the conviction of criminal possession of a weapon in the third degree as charged in the fourth count of the indictment, vacating the sentence imposed thereon, and dismissing that count of the indictment; as so modified, the judgment is affirmed.

In the early…