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People v. Soumik

Appellate Division of the Supreme Court of New York, Second Department
Nov 24, 1997
244 A.D.2d 584 (N.Y. App. Div. 1997)

Opinion

November 24, 1997

Appeal from the Supreme Court, Queens County (Cooperman, J.).


Ordered that the judgment is affirmed.

The defendant failed to preserve for appellate review the issue of whether the evidence was legally sufficient to prove his guilt of criminal possession of a weapon in the fourth degree beyond a reasonable doubt ( see, CPL 470.05). In any event, viewing the evidence in the light most favorable to the prosecution ( see, People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. Contrary to the defendant's contention, the People proved that the beer bottle thrown by the defendant constituted a dangerous instrument, and that he had the required intent to use it unlawfully against another ( see, Penal Law § 265.01; § 10.00 [13]).

Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (CPL 470.15).

Copertino, J. P., Friedmann, Krausman and Goldstein, JJ., concur.


Summaries of

People v. Soumik

Appellate Division of the Supreme Court of New York, Second Department
Nov 24, 1997
244 A.D.2d 584 (N.Y. App. Div. 1997)
Case details for

People v. Soumik

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. IHOR SOUMIK, Appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Nov 24, 1997

Citations

244 A.D.2d 584 (N.Y. App. Div. 1997)
665 N.Y.S.2d 930

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