Appellate Division of the Supreme Court of the State of New York September 27, 2005 (People v. Rodriguez)

Judgment, Supreme Court, Bronx County (Edward M. Davidowitz, J., on motion to dismiss; John A. Barone, J., at hearing, jury trial and sentence), rendered October 9, 2003, convicting defendant of criminal possession of a weapon in the second degree, and sentencing him to a term of five years, unanimously affirmed.