People v. Cohen

OPINION OF THE COURT

Memorandum.

The order óf the Appellate Division insofar as appealed from should be reversed. The defendant is entitled to a new trial on the count charging her with murder in the second degree and criminal possession of a weapon in the second degree. She should also be resentenced for her conviction of possession of a weapon in the third degree. However the case must be remitted first to the Appellate Division as to the charge of possession in the second degree in view of that court’s prior reversal thereon on the law alone (CPL 470.25, *910subd 2, par [d]; 470.40, subd 2, par…