Opinion
March 1, 1994
Appeal from the Supreme Court, New York County (Jerome Hornblass, J.).
The evidence adduced at defendant's trial established that he stabbed the complainant after ingesting crack/cocaine and engaging in an argument over the price of additional drugs. This evidence was sufficient to establish that he carried a knife with the intent to use it unlawfully against another (Penal Law § 265.02; § 265.01 [2]; compare, People v. Yarrell, 75 N.Y.2d 828, revg on dissenting mem 146 A.D.2d 819, 821). Moreover, any issue of credibility regarding defendant and complainant's conflicting testimony was for the jury to resolve (see, People v Garafolo, 44 A.D.2d 86).
The trial court did not err by refusing the defendant's request for a charge that he carried a knife as part of his duties at work where the question was one of fact and not law, and defendant's employer never required him to carry a knife.
Concur — Murphy, P.J., Sullivan, Carro, Wallach and Tom, JJ.