People v. Martino

Appeal by defendants from two judgments (one as to each of them) of the Supreme Court, Westchester County (Martin, J.), rendered *1050March 14, 1984, and March* 21, 1984, respectively, convicting defendant Martino of criminal possession of a weapon in the third degree and convicting defendant Mustafa of assault in the third degree, upon jury verdicts, and imposing sentences.

Judgments affirmed. Matters remitted to the Supreme Court, Westchester County, for further proceedings pursuant to CPL 460.50 (5).

Defendants’ convictions were based upon their involvement in an incident in a barroom. There was…