Ordered that the judgment is modified, on the law, by vacating the conviction of criminal possession of a weapon in the third degree and vacating the sentence imposed thereon; as so modified, 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 the indictment had been dismissed by another judge prior to trial and was later mistakenly considered by the Supreme Court ( see People v Flores, 43 AD3d 955; People v Romero, 309 AD2d 953; People v Smiley, 303 AD2d 425).
The defendant's remaining contentions, including those raised in his supplemental pro se brief, are without merit.