Appellate Division of the Supreme Court of New York, 2000

People v. Anthony

People v. Anthony
Appellate Division of the Supreme Court of New York · Decided June 5, 2000
273 A.D.2d 246; 709 N.Y.S.2d 836; 2000 N.Y. App. Div. LEXIS 6295
People v. Anthony

Cases that cite this one

6 later published cases cite this decision.

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Opinion of the Court

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Sampson, J.), rendered March 14, 1997, convicting him of assault in the first degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The jury verdict convicting the defendant of assault in the first degree and acquitting him of criminal possession of a weapon in the fourth degree is not repugnant. Viewing the elements of the crime as charged to the jury (see, People v Tucker, 55 NY2d 1,7), it could have found that the defendant initially possessed the weapon without any intent to use it unlawfully (see, e.g., People v Smith, 235 AD2d 558; People v Cabrera, 221 AD2d 461). Bracken, J. P., Ritter, Altman and Feuerstein, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.