People v Cooper
2009 NY Slip Op 00901 [59 AD3d 1051]
February 6, 2009
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, April 1, 2009


The People of the State of New York, Respondent, v Jessie J. Cooper, Appellant. (Appeal No. 1.)

—[*1] Phillip R. Hurwitz, Rochester, for defendant-appellant. Michael C. Green, District Attorney, Rochester (Leslie E. Swift of counsel), for respondent.

Appeal from a judgment of the Monroe County Court (Patricia D. Marks, J.), rendered September 15, 2003. The judgment convicted defendant, upon a jury verdict, of criminal possession of a weapon in the third degree and criminal possession of a weapon in the fourth degree.

It is hereby ordered that the judgment so appealed from is unanimously modified as a matter of discretion in the interest of justice and on the law by reversing that part convicting defendant of criminal possession of a weapon in the third degree and dismissing the second count of the indictment and as modified the judgment is affirmed.

Same memorandum as in People v Cooper (59 AD3d 1052 [2009]). Present—Centra, J.P., Peradotto, Green and Pine, JJ.