People v. Colon

OPINION OF THE COURT

Mary McGowan Davis, J.

After a bench trial conducted before me on April 20, 1987, defendant Nereida Colon was convicted of possessing a knife with intent to use it unlawfully against another, in violation of Penal Law § 265.01 (2). The proof at trial established that *1054Ms. Colon tried to stab an unidentified male by "lunging” at him repeatedly with a four-inch knife, which weapon was recovered from defendant at the time of her arrest.

By motion dated July 7, 1987, defendant moved to "strike” all testimony concerning her use of the knife against the unknown male and petitioned…