People v. Cleveland

Appeal from a judgment of the County Court of Albany County (Breslin, J.), rendered March 30, 1995, upon a verdict convicting defendant of the crimes of assault in the second degree and criminal possession of a weapon in the third degree.

On May 30, 1994, Mary Walker and others hosted a Memorial Day party. Sometime around 6:00 p.m., an argument ensued between defendant and Joseph Walker, Mary’s father, which prompted him to ask defendant to leave the premises. At or about the time of this argument, Joseph Walker was holding a butcher knife. Although defendant prepared to leave, due to the…