People v. Alston

—Appeal by the defendant from a judgment of the Supreme Court, Queens County (Rios, J.), rendered August 18, 1998, convicting him of criminal possession of a weapon in the fourth degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is reversed, on the law, the indictment is dismissed, and the matter is remitted to the Supreme Court, Queens County, for the purpose of entering an order in its discretion pursuant to CPL 160.50.

There was insufficient evidence to support the defendant’s conviction of criminal possession of a weapon in the fourth degree based upon the…