People v. Bennett

Judgment, Supreme Court, Bronx County (William Donnino, J.), rendered June 21, 1994, convicting defendant, upon his plea of guilty, of attempted criminal sale of a controlled substance in the third degree and attempted criminal possession of a weapon in the second degree, and sentencing him to concurrent terms of 1½ to 4½ years, unanimously affirmed.

The trial court properly determined, after due inquiry, that defendant’s display of a loaded handgun to "scare * * * off” others was a menacing action constituting the crime of criminal possession of a weapon in the second degree under Penal Law §…