People v. Broadhead
Opinion of the Court
—Appeal by the defendant from a judgment of the Supreme Court, Kings County (DeLury, J.), rendered June 21, 1995, convicting him of criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence.
The defendant has not preserved for appellate review his contention that the evidence adduced at trial was not legally sufficient to prove that he possessed a knife with the intent to use it unlawfully against another, since the defendant’s motion for a trial order of dismissal was not specific (see, CPL 470.05 [2]; People v Udzinski, 146 AD2d 245). In any event, viewing the evidence in the light most favorable to the prosecution (see, People v Contes, 60 NY2d 620), we find that it was legally sufficient to establish the defendant’s guilt beyond a reasonable doubt.
Upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (see, CPL 470.15 [5]). A different conclusion is not warranted by the mere fact that the jury acquitted the defendant of two robbery charges while convicting him of criminal possession of a weapon in the third degree (cf., People v Bolton, 213 AD2d 660). Friedmann, J. P., Florio, McGinity and Luciano, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.