Summary
grabbing victim's collar and holding knife a foot from his chest supported finding that defendant created risk of serious injury
Summary of this case from Linville v. CommonwealthOpinion
June 9, 1992
Appeal from the Supreme Court, New York County (Bernard J. Fried, J.).
After an exchange of words between defendant and the ten year old complainant, a third party picked up the child and carried him over to defendant. Defendant held the complainant by the collar, produced a knife, and held it about a foot away from the complainant's chest, telling him "take it out, I'm going to cut it off." The child's mother called police. Defendant told responding police that he would never have hurt the child and was only playing around. Defendant's witness testified that the complainant was never restrained, that defendant only stood in front of him, and that defendant never pulled a knife. Viewing the evidence in the light most favorable to the People (People v. Malizia, 62 N.Y.2d 755, cert denied 469 U.S. 932) and giving due deference to the jury's findings of credibility, defendant's guilt was proved beyond a reasonable doubt. The evidence established that defendant's conduct exposed complainant to a risk of serious physical injury as well as establishing that defendant detained the complainant. Nor do we find any basis to disturb the exercise of discretion by the sentencing court.
Concur — Carro, J.P., Milonas, Ellerin and Ross, JJ.