PEOPLE v. RUIZ

Ordered that the judgment is affirmed.

The defendant's inculpatory statement was properly admitted into evidence. The statement was made voluntarily and was in no way the product of an overborne will (see, People v. Cavagnaro, 88 A.D.2d 938).

The Supreme Court acted properly in not dismissing the defendant's conviction of criminal possession of a weapon in the third degree. Pursuant to Penal Law § 265.02 (4), criminal possession of a weapon in the third degree is not a lesser included offense of criminal possession of a weapon in the second degree inasmuch as criminal possession of a weapon in the third degree includes the added element that it cannot occur in the defendant's home or place of business (see, People v. Glover, 57 N.Y.2d 61).

We have examined the defendant's remaining contentions, including that the sentence imposed was excessive, and find them to be without merit. Mollen, P.J., Brown, Eiber and Kooper, JJ., concur.