People v. Pemberton

Yesawich, Jr., J.

Appeal from a judgment of the County Court of Albany County (Turner, Jr., J.), rendered July 6, 1987, convicting defendant following a nonjury trial of the crime of criminal possession of a weapon in the fourth degree.

As was the case when this matter was previously before this court (Matter of Pemberton v Turner, 124 AD2d 338, appeal dismissed 69 NY2d 822), the issue now is again one of double jeopardy. We observed then that defendant had possessed the weapon on two separate occasions, namely, during the early morning of the high-speed chase when he took the gun from…