People v. Perry , 2018 NY Slip Op 3898 ( 2018 )

People v Perry (2018 NY Slip Op 03898)

People v Perry

2018 NY Slip Op 03898

Decided on May 31, 2018

Appellate Division, First Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on May 31, 2018
Renwick, J.P., Manzanet-Daniels, Mazzarelli, Gesmer, Oing, JJ.

6716 3402/11 2078/11

[*1]The People of the State of New York, Respondent,

v

Dwight Perry, Defendant-Appellant.

Seymour W. James, Jr., The Legal Aid Society, New York (Susan Epstein of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (Katherine Kulkarni of counsel), for respondent.

Judgment, Supreme Court, New York County (Laura A. Ward, J.), rendered January 24, 2012, as amended February 9, 2012, convicting defendant, after a jury trial, of criminal possession of a weapon in the third degree, and sentencing him, as a second felony offender, to a term of 2½ to 5 years, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348-349 [2007]). The evidence, including the statements of two subway passengers, admitted under the excited utterance exception to the hearsay rule, that defendant had been

threatening to "cut somebody up with a knife," supported the inference that he intended to use his knife unlawfully.

THIS CONSTITUTES THE DECISION AND ORDER

OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: MAY 31, 2018

CLERK