Opinion
February 24, 1992
Appeal from the Family Court, Richmond County (Cognetta, J.).
Ordered that the order of disposition is affirmed, without costs or disbursements.
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 appellant's guilt beyond a reasonable doubt. The appellant recklessly engaged in conduct which created a substantial risk of serious physical injury to another person, when he used his pocketknife to stab the complainant (see, Penal Law § 15.05; § 120.20; People v. Marrero, 88 A.D.2d 998; People v. Canty, 135 A.D.2d 721). That the complainant suffered only a minor injury is irrelevant, since it is the existence of "a substantial risk of serious physical injury" that is critical under the relevant provision, and not actual injury (see, Penal Law § 120.20). Moreover, under the circumstances in which it was used, it is clear that the pocketknife constituted a dangerous instrument for purposes of criminal possession of a weapon in the fourth degree (see, Penal Law § 10.00; § 265.01 [2]; People v. Carter, 53 N.Y.2d 113; Matter of Jamie D., 59 N.Y.2d 589; People v. Richardson, 166 A.D.2d 158; People v. Crane, 156 A.D.2d 704). Thompson, J.P., Sullivan, Harwood and Balletta, JJ., concur.