Legal Opinion
People v. Anthony
Appellate Division of the Supreme Court of the State of New York
Decided June 5, 2000PublishedCited by 6 opinions
1Opinion 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…
2Cases cited3 opinions
- People v. TuckerNew York Court of Appeals · 1981
- People v. SmithAppellate Division of the Supreme Court of the State of New York · 1997
- People v. CabreraAppellate Division of the Supreme Court of the State of New York · 1995
3Cited by6 opinions
- People v. LintonAppellate Division of the Supreme Court of the State of New York · 2005
- People v. MennerAppellate Division of the Supreme Court of the State of New York · 2003
- People v. AfrikaAppellate Division of the Supreme Court of the State of New York · 2002
- People v. RomgobindAppellate Division of the Supreme Court of the State of New York · 2007
- People v. SalazarAppellate Division of the Supreme Court of the State of New York · 2005
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