People v. Battle

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Blumenfeld, J.), rendered May 9, 2011, convicting him of criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.

*783Ordered that the judgment is reversed, on the facts, the indictment is dismissed, and the matter is remitted to the Supreme Court, Queens County, for further proceedings consistent with CPL 160.50.

The defendant was convicted of criminal possession of a weapon in the second degree, based upon the testimony of the arresting officer and his partner that they observed…