People v. Solomon

Appellate Division of the Supreme Court of New York

People v. Solomon

119 A.D.2d 605, 500 N.Y.S.2d 776, 1986 N.Y. App. Div. LEXIS 55537

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

DecidedApril 7, 1986

StatusPublished

This text of 119 A.D.2d 605 (People v. Solomon) 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. Solomon, 119 A.D.2d 605, 500 N.Y.S.2d 776, 1986 N.Y. App. Div. LEXIS 55537 (N.Y. Ct. App. 1986).

Pincite

Opinion

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Kramer, J.), rendered February 5, 1982, convicting him of attempted assault in the second degree, and criminal possession of a dangerous weapon in the fourth degree (two counts), upon a jury verdict, and imposing sentence.

Judgment affirmed.

Contrary to the defendant’s contention there is sufficient evidence to support the jury’s verdict (see, People v Malizia, 62 NY2d 755, 757, cert denied 469 US 932; People Contes, v 60 NY2d 620).

Moreover, since there was, as disclosed by the defendant’s conduct, sufficient evidence of his intent to employ the knives possessed unlawfully against the complainant Sims, we find no error in the court’s decision to charge the jury on the statutory presumption of unlawful intent as set forth in Penal Law § 265.15 (4) (see, Matter of Jamie D., 59 NY2d 589; People v Adamkiewicz, 298 NY 176, 180).

We have reviewed the defendant’s remaining contentions and find them to be without merit. Mollen, P. J., Rubin, Fiber and Kooper, JJ., concur.

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