People v. Sykes

Appellate Division of the Supreme Court of New York

People v. Sykes

194 A.D.2d 502, 599 N.Y.S.2d 566, 1993 N.Y. App. Div. LEXIS 6789

Appellate Division of the Supreme Court of the State of New York·Decided June 29, 1993·Published·Cited by 7 cases

Opinion

—Judgment, Supreme Court, New York County (Alvin Schlesinger, J.), rendered February 7, 1991, 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 2 Vi to 5 years and 2 to 4 years, respectively, unanimously affirmed.

Contrary to defendant’s argument, the evidence that he struck the victim, a bystander, with a piece of concrete that he picked up from the ground and threw at a man with whom he had just been arguing was sufficient to establish his guilt of unlawful possession of a weapon, such "conduct in itself providing] the basis for an independent indictment charging [him] with both [assault] and possession of a weapon with intent to use it against a person unlawfully” (People v Perez, 45 NY2d 204, 209; see also, People v Turner, 181 AD2d 637, lv denied 80 NY2d 839).

We have reviewed defendant’s other claims and find them to be without merit. Concur—Sullivan, J. P., Carro, Wallach and Nardelli, JJ.

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—Judgment, Supreme Court, New York County (Alvin Schlesinger, J.), rendered February 7, 1991, 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 2 Vi to 5 years and 2 to 4 years, respectively, unanimously affirmed.

Contrary to defendant’s argument, the evidence that he struck the victim, a bystander, with a piece of concrete that he picked up from the ground and threw at a man with whom he had just been arguing was sufficient to establish his guilt of unlawful possession of a weapon, such "conduct in itself providing] the basis for an independent indictment charging [him] with both [assault] and possession of a weapon with intent to use it against a person unlawfully” (People v Perez, 45 NY2d 204, 209; see also, People v Turner, 181 AD2d 637, lv denied 80 NY2d 839).

We have reviewed defendant’s other claims and find them to be without merit. Concur—Sullivan, J. P., Carro, Wallach and Nardelli, JJ.

People v. Sykes, 194 A.D.2d 502, 599 N.Y.S.2d 566, 1993 N.Y. App. Div. LEXIS 6789 (N.Y. Ct. App. 1993).

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Opinion

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