People v. Matos

Appellate Division of the Supreme Court of New York

People v. Matos

224 A.D.2d 326, 638 N.Y.S.2d 307, 1996 N.Y. App. Div. LEXIS 1336

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

DecidedFebruary 22, 1996

StatusPublished

Cited by1 cases

This text of 224 A.D.2d 326 (People v. Matos) 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. Matos, 224 A.D.2d 326, 638 N.Y.S.2d 307, 1996 N.Y. App. Div. LEXIS 1336 (N.Y. Ct. App. 1996).

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Opinion

—Judgment, Supreme Court, Bronx County (Gerald Sheindlin, J.), rendered October 7, 1994, convicting defendant, after a nonjury trial, of criminal possession of a weapon in the second and third degrees, and sentencing him to concurrent terms of 2 to 6 years and 1 to 3 years, respectively, unanimously affirmed.

Viewing the evidence in the light most favorable to defendant (see, People v Steele, 26 NY2d 526, 529), the court properly denied his request that it consider, as trier of the facts, the defense of temporary and lawful possession, where the record shows that defendant used the weapon in a dangerous manner (see, People v Williams, 50 NY2d 1043; People v Karim, 176 AD2d 670, lv denied 79 NY2d 859) and, rather than disarming his attacker, deliberately armed himself (cf., People v Almodovar, 62 NY2d 126). Concur — Milonas, J. P.,Wallach, Ross and Mazzarelli, JJ.

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—Judgment, Supreme Court, Bronx County (Gerald Sheindlin, J.), rendered October 7, 1994, convicting defendant, after a nonjury trial, of criminal possession of a weapon in the second and third degrees, and sentencing him to concurrent terms of 2 to 6 years and 1 to 3 years, respectively, unanimously affirmed.

Viewing the evidence in the light most favorable to defendant (see, People v Steele, 26 NY2d 526, 529), the court properly denied his request that it consider, as trier of the facts, the defense of temporary and lawful possession, where the record shows that defendant used the weapon in a dangerous manner (see, People v Williams, 50 NY2d 1043; People v Karim, 176 AD2d 670, lv denied 79 NY2d 859) and, rather than disarming his attacker, deliberately armed himself (cf., People v Almodovar, 62 NY2d 126). Concur — Milonas, J. P.,Wallach, Ross and Mazzarelli, JJ.

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Bluebook (online)

224 A.D.2d 326, 638 N.Y.S.2d 307, 1996 N.Y. App. Div. LEXIS 1336, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-matos-nyappdiv-1996.

Opinion

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