People v. Marmorato

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Owens, J.), dated January 20, 1987, convicting him of criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed, and the case is remitted to the Supreme Court, Kings County, for further proceedings pursuant to CPL 460.50 (5).

This appeal is from a judgment convicting the defendant of criminal possession of a weapon in the third degree under indictment No. 7043/84. At an earlier trial of charges arising from the same indictment, the jury…