People v. Shuler

OPINION OF THE COURT

Dora L. Irizarry, J.

In a three-count indictment, defendant is charged with the *807crime of criminal possession of a weapon in the second degree, in violation of Penal Law § 265.03, as well as with two counts of criminal possession of a weapon in the third degree, in violation of Penal Law § 265.02 (1) and predicated upon defendant’s alleged commission of the crime of criminal possession of a weapon in the fourth degree, elevated to the higher grade on the ground of an alleged prior criminal conviction.

Defendant moves for dismissal of counts two and three of the indictment,…