PEOPLE v. RIVERS

Judgment reversed, on the law, and new trial ordered. No issue has been presented with respect to the facts upon which the judgment is based. The court's instruction to the jury that they could consider testimony of an earlier gun possession for the purposes of establishing identity and intent was error. (See People v Molineux, 168 N.Y. 264.) We have considered appellant's other contentions and find them to be without merit. Hopkins, J.P., Damiani, Gibbons and Weinstein, JJ., concur.