Majority
p. 942The People of the State of New York, Respondent, v Clarence Lynch, Appellant.
Judgment, Supreme Court, New York County, rendered on January 23, 1979, and judgment of resentence of said court rendered on September 20, 1979, unanimously modified, on the law, to dismiss the conviction for criminal possession of a weapon in the third degree as a lesser included count, as conceded by the People, to vacate the sentence imposed thereon and otherwise affirmed. No opinion. Concur — Birns, J. P., Sandler, Ross and Bloom, JJ.