People v. Faison

Appellate Division of the Supreme Court of New York

People v. Faison

154 A.D.2d 923, 546 N.Y.S.2d 67, 1989 N.Y. App. Div. LEXIS 12963

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 6, 1989

StatusPublished

Cited by1 cases

This text of 154 A.D.2d 923 (People v. Faison) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Faison, 154 A.D.2d 923, 546 N.Y.S.2d 67, 1989 N.Y. App. Div. LEXIS 12963 (N.Y. Ct. App. 1989).

Pincite

Opinion

Judgment unanimously affirmed. Memorandum: The hearing court’s finding that defendant’s confession was knowingly and voluntarily made is entitled to great weight (see, People v Prochilo, 41 NY2d 759, [924]*924761) and is supported by the record (see, People v Adams, 26 NY2d 129, 137, cert denied 399 US 931; cf, People v Schompert, 19 NY2d 300, 305). The record also supports the jury determination that defendant’s intoxication, if any, did not negate her intent on the weapon possession count. The assault conviction was not based on defendant’s intent but upon her reckless conduct, which encompasses the risks created by defendant’s drinking (see, People v Register, 60 NY2d 270, 280, cert denied 466 US 953). The evidence clearly supports the jury determination that defendant’s assault was not justified. Justification is not a defense to illegal weapon possession (see, People v Pons, 68 NY2d 264). (Appeal from judgment of Supreme Court, Erie County, Rossetti, J. — assault, second degree, and another charge.) Present — Denman, J. P., Green, Pine, Balio and Lawton, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Judgment unanimously affirmed. Memorandum: The hearing court’s finding that defendant’s confession was knowingly and voluntarily made is entitled to great weight (see, People v Prochilo, 41 NY2d 759, [924]*924761) and is supported by the record (see, People v Adams, 26 NY2d 129, 137, cert denied 399 US 931; cf, People v Schompert, 19 NY2d 300, 305). The record also supports the jury determination that defendant’s intoxication, if any, did not negate her intent on the weapon possession count. The assault conviction was not based on defendant’s intent but upon her reckless conduct, which encompasses the risks created by defendant’s drinking (see, People v Register, 60 NY2d 270, 280, cert denied 466 US 953). The evidence clearly supports the jury determination that defendant’s assault was not justified. Justification is not a defense to illegal weapon possession (see, People v Pons, 68 NY2d 264). (Appeal from judgment of Supreme Court, Erie County, Rossetti, J. — assault, second degree, and another charge.) Present — Denman, J. P., Green, Pine, Balio and Lawton, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

154 A.D.2d 923, 546 N.Y.S.2d 67, 1989 N.Y. App. Div. LEXIS 12963, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-faison-nyappdiv-1989.

Opinion

Related

Cite This Page — Counsel Stack