People v. Banks

Upon remittitur from the Court of Appeals, judgment, Supreme Court, New York County (James Leff, J.), rendered June 27, 1985, convicting defendant, after a jury trial, of criminal possession of a weapon in the third degree and sentencing him to an indeterminate term of incarceration of from 3 to 6 years, unanimously affirmed.

Defendant, charged with four counts of robbery, was acquitted of robbery but found guilty of criminal possession of a weapon in the third degree. On appeal, this court reversed the conviction and directed a new trial, one Justice dissenting, finding that the court erred…