People v. Searcy

Appellate Division of the Supreme Court of New York

People v. Searcy

7 A.D.3d 296, 776 N.Y.S.2d 65, 2004 N.Y. App. Div. LEXIS 6588

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

DecidedMay 6, 2004

StatusPublished

This text of 7 A.D.3d 296 (People v. Searcy) 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. Searcy, 7 A.D.3d 296, 776 N.Y.S.2d 65, 2004 N.Y. App. Div. LEXIS 6588 (N.Y. Ct. App. 2004).

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Opinion

Judgment, Supreme Court, New York County (Marcy L. Kahn, J.), rendered January 10, 2001, convicting defendant, after a jury trial, of assault in the second degree and criminal possession of a weapon in the third degree, and sentencing him, as a second felony offender, to concurrent terms of 4 years and 2 to 4 years, respectively, unanimously affirmed.

Defendant was properly convicted of assault in the second degree and criminal possession of a weapon in the third degree, since the evidence warranted the conclusion that the knife he used constituted a dangerous instrument (Penal Law § 10.00 [13]), in that it was readily capable of causing serious physical injury under the circumstances of its use (see People v Carter, 53 NY2d 113 [1981]). Although the knife was small, the evidence established that defendant deliberately used it in a manner which resulted in a severe cut to the victim’s hand, and which could have easily caused a disabling injury (see People v Johnson, 158 AD2d 939 [1990], lv denied 75 NY2d 967 [1990]). Concur—Nardelli, J.P., Saxe, Williams and Friedman, JJ.

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Judgment, Supreme Court, New York County (Marcy L. Kahn, J.), rendered January 10, 2001, convicting defendant, after a jury trial, of assault in the second degree and criminal possession of a weapon in the third degree, and sentencing him, as a second felony offender, to concurrent terms of 4 years and 2 to 4 years, respectively, unanimously affirmed.

Defendant was properly convicted of assault in the second degree and criminal possession of a weapon in the third degree, since the evidence warranted the conclusion that the knife he used constituted a dangerous instrument (Penal Law § 10.00 [13]), in that it was readily capable of causing serious physical injury under the circumstances of its use (see People v Carter, 53 NY2d 113 [1981]). Although the knife was small, the evidence established that defendant deliberately used it in a manner which resulted in a severe cut to the victim’s hand, and which could have easily caused a disabling injury (see People v Johnson, 158 AD2d 939 [1990], lv denied 75 NY2d 967 [1990]). Concur—Nardelli, J.P., Saxe, Williams and Friedman, JJ.

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Bluebook (online)

7 A.D.3d 296, 776 N.Y.S.2d 65, 2004 N.Y. App. Div. LEXIS 6588, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-searcy-nyappdiv-2004.

Opinion

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