People v. Baxter

Appeal from a judgment of the Onondaga County Court (William D. Walsh, J.), rendered July 29, 2009. The judgment convicted defendant, upon a jury verdict, of criminal possession of a weapon in the second degree and resisting arrest.

It is hereby ordered that the judgment so appealed from is reversed on the law and a new trial is granted.

Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict of criminal possession of a weapon in the second degree (Penal Law § 265.03 [3]) and resisting arrest (§ 205.30). Defendant failed to preserve for our review his *1159contention that…