From Casetext: Smarter Legal Research

People v. Bahamundi

Appellate Division of the Supreme Court of New York, Second Department
Jan 23, 1984
99 A.D.2d 534 (N.Y. App. Div. 1984)

Opinion

January 23, 1984


Appeal by defendant from a judgment of the Supreme Court, Queens County (Leahy, J.), rendered June 26, 1982, convicting him of robbery in the first degree and criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence. Judgment modified, on the law, by reversing the conviction for criminal possession of a weapon in the third degree and the sentence imposed thereon and dismissing that count of the indictment. As so modified, judgment affirmed. Prior to trial, defendant moved, inter alia, to dismiss the count of the indictment charging him with criminal possession of a weapon in the third degree. The court erroneously denied this request. The indictment alleges only that defendant unlawfully possessed a knife. It does not also allege that the defendant intended to use the knife unlawfully and thus, as the People concede, it is fatally defective (cf. Penal Law, § 265.01, subd [2]). Consequently, the conviction for this crime must be reversed and the count of the indictment dismissed (cf. People v Iannone, 45 N.Y.2d 589). The other alleged errors raised by defendant are either harmless or without merit. Mollen, P.J., Lazer, Mangano and Brown, JJ., concur.


Summaries of

People v. Bahamundi

Appellate Division of the Supreme Court of New York, Second Department
Jan 23, 1984
99 A.D.2d 534 (N.Y. App. Div. 1984)
Case details for

People v. Bahamundi

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JORGE BAHAMUNDI…

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

Date published: Jan 23, 1984

Citations

99 A.D.2d 534 (N.Y. App. Div. 1984)

Citing Cases

People v. Monero

This statement, however, does not bar the instant prosecution because the treatise leaves open the…

People v. Monero

This statement, however, does not bar the instant prosecution because the treatise leaves open the…