AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Attorney(S)
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Attorney(S)

THE PEOPLE, ETC., RESPONDENT, v. DAVID ANTHONY, APPELLANT. (IND. NO. 3374/95).

DECISION ORDER

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 N.Y.2d 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 A.D.2d 558; People v. Cabrera, 221 A.D.2d 461).

Use AI to get other relevant cases.

Comments

PEOPLE v. ANTHONY
(Jun 5, 2000)