| People v Long |
| 2008 NY Slip Op 09097 [56 AD3d 685] |
| November 18, 2008 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Anthony Long, Appellant. |
—[*1] Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Keith Dolan ofcounsel; John P. Buza on the brief), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Goldberg,J.), rendered June 27, 2005, convicting him of attempted robbery in the first degree, robbery inthe second degree, criminal possession of a weapon in the second degree, and criminalpossession of a weapon in the third degree, after a nonjury trial, and imposing sentence.
Ordered that the judgment is modified, on the law, by vacating the conviction of criminalpossession of a weapon in the third degree and vacating the sentence imposed thereon; as somodified, the judgment is affirmed.
The defendant's conviction of criminal possession of a weapon in the third degree(see Penal Law § 265.02 [former (4)]) must be vacated as that count of theindictment had been dismissed by another judge prior to trial and was later mistakenly consideredby the Supreme Court (see People v Flores, 43 AD3d 955 [2007]; People vRomero, 309 AD2d 953 [2003]; People v Smiley, 303 AD2d 425 [2003]).
The defendant's remaining contentions, including those raised in his supplemental pro sebrief, are [*2]without merit. Spolzino, J.P., Florio, McCarthy andDickerson, JJ., concur.