People v. Frazier

—Judgment unanimously modified on the law and as modified affirmed and matter remitted to Ontario County Court for resentencing in accordance with the following Memorandum: Defendant appeals from a judgment convicting him of criminal possession of a weapon in the fourth degree and reckless endangerment *977in the second degree, both class A misdemeanors. Defendant was sentenced to two consecutive one-year definite sentences.

Defendant contends for the first time on appeal that the police entry into the apartment of another person to seize the weapon and to question its occupants was illegal. That…