People v. Castillo

202 A.D.2d 162, 608 N.Y.S.2d 178, 1994 N.Y. App. Div. LEXIS 1762

Opinion

—Judgment, Supreme Court, New York County (Jerome Hornblass, J.), rendered November 13, 1991, which convicted defendant, after jury trial, of criminal possession of a weapon in the third degree, and sentenced him, as a second felony offender, to a term of 2Vz to 5 years, unanimously affirmed, without costs.

The evidence adduced at defendant’s trial established that he stabbed the complainant after ingesting crack/cocaine and engaging in an argument over the price of additional drugs. This evidence was sufficient to establish that he carried a knife with the intent to use it unlawfully against another (Penal Law § 265.02 [1]; § 265.01 [2]; compare, People v Yarrell, 75 NY2d 828, revg on dissenting mem 146 AD2d 819, 821). Moreover, any issue of credibility regarding defendant and complainant’s conflicting testimony was for the jury to resolve (see, People v Garafolo, 44 AD2d 86).

The trial court did not err by refusing the defendant’s request for a charge that he carried a knife as part of his duties at work where the question was one of fact and not law, and defendant’s employer never required him to carry a knife. Concur — Murphy, P. J., Sullivan, Carro, Wallach and Tom, JJ.