People v. Isaac

Appellate Division of the Supreme Court of New York

People v. Isaac

71 A.D.3d 441, 894 N.Y.S.2d 756

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

DecidedMarch 4, 2010

StatusPublished

This text of 71 A.D.3d 441 (People v. Isaac) 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. Isaac, 71 A.D.3d 441, 894 N.Y.S.2d 756 (N.Y. Ct. App. 2010).

Pincite

Opinion

Judgment, Supreme Court, New York County (A. Kirke Bartley, Jr., J.), rendered April 5, 2007, as amended April 12, 2007, convicting defendant, after a jury trial, of criminal possession of a weapon in the third degree, and sentencing him, as a second felony offender, to a term of 3V2 to 7 years, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence (see Beople v Danielson, 9 NY3d 342, 348-349 [2007]). There is no basis for disturbing the jury’s determinations concerning credibility. Defendant was found in possession of a dagger, and the evidence established that he possessed it with intent to use it unlawfully against another. In the first place, there was compelling circumstantial evidence warranting the conclusion that defendant was the same person who had actually used the dagger unlawfully, only moments before the arrest, and we reject defendant’s arguments to the contrary. Moreover, even without the evidence of actual [442]*442unlawful use, the circumstances of possession, when viewed in light of the presumption contained in Penal Law § 265.15 (4), also warranted a finding of unlawful intent.

We perceive no basis for reducing the sentence. Concur— Andrias, J.P., Nardelli, Catterson, DeGrasse and Manzanet-Daniels, JJ.

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

Judgment, Supreme Court, New York County (A. Kirke Bartley, Jr., J.), rendered April 5, 2007, as amended April 12, 2007, convicting defendant, after a jury trial, of criminal possession of a weapon in the third degree, and sentencing him, as a second felony offender, to a term of 3V2 to 7 years, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence (see Beople v Danielson, 9 NY3d 342, 348-349 [2007]). There is no basis for disturbing the jury’s determinations concerning credibility. Defendant was found in possession of a dagger, and the evidence established that he possessed it with intent to use it unlawfully against another. In the first place, there was compelling circumstantial evidence warranting the conclusion that defendant was the same person who had actually used the dagger unlawfully, only moments before the arrest, and we reject defendant’s arguments to the contrary. Moreover, even without the evidence of actual [442]*442unlawful use, the circumstances of possession, when viewed in light of the presumption contained in Penal Law § 265.15 (4), also warranted a finding of unlawful intent.

We perceive no basis for reducing the sentence. Concur— Andrias, J.P., Nardelli, Catterson, DeGrasse and Manzanet-Daniels, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

71 A.D.3d 441, 894 N.Y.S.2d 756, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-isaac-nyappdiv-2010.

Opinion

Related

Cite This Page — Counsel Stack