PEOPLE v. McDERMOTT

Ordered that the judgment is modified, on the law, by reversing the convictions for criminal possession of a weapon in the second degree and criminal possession of a weapon in the third degree and dismissing those counts of the indictment; as so modified, the judgment is affirmed.

Viewing the evidence in the light most favorable to the prosecution (see, People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt of murder in the second degree beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt of murder in the second degree was not against the weight of the evidence (see, CPL 470.15).

However, since the defendant was 15 years old at the time of the crime, he is not criminally liable for the crimes of criminal possession of a weapon in the second degree and criminal possession of a weapon in the third degree (see, Penal Law § 30.00). Therefore, the guilty verdicts as to each of these counts are nullities and the counts are dismissed (see, CPL 310.85; see also, People v. Lester B., 84 A.D.2d 791, 792). Kunzeman, J.P., Balletta, Miller and Ritter, JJ., concur.