Judgment of conviction modified on the law and the facts by setting aside the judgment insofar as it convicts the appellant of carrying a pistol concealed upon his person, and possession of a dangerous weapon with intent to use it unlawfully against another, and by dismissing the second and third counts of the information. As thus modified, the judgment is unanimously affirmed. The sentence, as imposed, is approved and affirmed as punishment for commission of the crime of possession, without a license, of a pistol, of a size which might be concealed upon his person. The evidence adduced, while sufficient, if credited, to establish a violation of subdivision 4 of section 1897 of the Penal Law, was insufficient to establish that appellant carried the pistol concealed on his person, or possessed or carried one of the dangerous weapons mentioned in subdivision 1 of section 1897 of the Penal Law, with intent to use it against another.