People v. Bennett

• Decision Date: 18 January 1996
• Citation: 637 N.Y.S.2d 7,223 A.D.2d 431
• Parties: The PEOPLE of the State of New York, Respondent, v. Milton BENNETT, Defendant-Appellant.
• Court: New York Supreme Court — Appellate Division

Page 7

637 N.Y.S.2d 7

223 A.D.2d 431

The PEOPLE of the State of New York, Respondent, v.Milton BENNETT, Defendant-Appellant.

Supreme Court, Appellate Division First Department.

Jan. 18, 1996.

G. Casimir, for respondent.

J.P. Sullivan, for defendant-appellant.

Before ROSENBERGER, J.P., and WALLACH, RUBIN, NARDELLI and MAZZARELLI, JJ.

MEMORANDUM DECISION.

Judgment, Supreme Court, Bronx County(William Donnino, J.), rendered June 21, 1994, convicting defendant, upon his plea of guilty, of attempted criminal sale of a controlled substance in the third degree and attempted criminal possession of a weapon in the second degree, and sentencing him to concurrent terms of 1 1/2 to 4 1/2 years, unanimously affirmed.

The trial court properly determined, after due inquiry, that defendant's display of a loaded handgun to "scare * * * off" others was a menacing action constituting the crime of criminal possession of a weapon in the second degree under Penal Law § 265.03.The record indicates that defendant entered a knowing, intelligent and voluntary guilty plea that included an express waiver of his right to appeal the conviction (see, People v. Seaberg, 74 N.Y.2d 1, 543 N.Y.S.2d 968, 541 N.E.2d 1022).Despite extended colloquy on the subject of intent, defendant at no time suggested that his...