People v. Williams
| Decision Date | 28 September 2012 |
| Parties | The PEOPLE of the State of New York, Respondent, v. Lamont D. WILLIAMS, Defendant–Appellant. |
| Court | New York Supreme Court — Appellate Division |
98 A.D.3d 1279
951 N.Y.S.2d 616
2012 N.Y. Slip Op. 06441
The PEOPLE of the State of New York, Respondent,
v.
Lamont D. WILLIAMS, Defendant–Appellant.
Supreme Court, Appellate Division, Fourth Department, New York.
Sept. 28, 2012.
[951 N.Y.S.2d 617]
The Legal Aid Bureau of Buffalo, Inc., Buffalo (Susan C. Ministero of Counsel), for Defendant–Appellant.
Frank A. Sedita, III, District Attorney, Buffalo (Liam A. Dwyer of Counsel), for Respondent.
PRESENT: SCUDDER, P.J., CENTRA, CARNI, SCONIERS, AND MARTOCHE, JJ.
MEMORANDUM:
[98 A.D.3d 1279]Defendant appeals from a judgment convicting him upon a jury verdict of two counts of criminal possession of a weapon in the second degree (Penal Law § 265.03[1][b]; [3] ), and one count each of menacing a police officer (§ 120.18) and loitering (§ 240.35[2] ). Defendant failed to preserve for our review his contention that the conviction of one of the two counts of criminal possession of a weapon and the conviction of menacing a police officer are not supported by legally sufficient evidence ( see People v. Gray, 86 N.Y.2d 10, 19, 629 N.Y.S.2d 173, 652 N.E.2d 919) and, in any event, that contention lacks merit. Viewing the evidence in the light most favorable to the People ( see People v. Contes, 60 N.Y.2d 620, 621, 467 N.Y.S.2d 349, 454 N.E.2d 932), we conclude that there is legally sufficient evidence to establish that defendant intended to use the revolver unlawfully against another ( see§ 265.03[1][b]; see generally People v. Hunter, 46 A.D.3d 1417, 1417, 848 N.Y.S.2d 480,lv. denied10 N.Y.3d 812, 857 N.Y.S.2d 45, 886 N.E.2d 810) and intended to place the officers in reasonable fear of physical injury, serious physical injury or death ( see§ 120.18; People v. McCottery, 90 A.D.3d 1323, 1324–1325, 935 N.Y.S.2d 687). The officers[98 A.D.3d 1280]testified that defendant was ordered to drop his weapon and refused to comply, and that defendant pointed the gun or waved the gun at the officers as they pursued him. Viewing the evidence in light of the elements of the crimes of criminal possession of a weapon in the second degree and menacing a police officer as charged to the jury ( see People v. Danielson, 9 N.Y.3d 342, 349, 849 N.Y.S.2d 480, 880 N.E.2d 1), we reject defendant's
further contention that the verdict with respect to those three counts is against the weight of the evidence ( see generally People v. Bleakley, 69 N.Y.2d 490, 495, 515 N.Y.S.2d 761, 508 N.E.2d 672).
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...to defense counsel's summation (see 999 N.Y.S.2d 293People v. Cotto, 106 A.D.3d 1534, 1534, 964 N.Y.S.2d 451 ; People v. Williams, 98 A.D.3d 1279, 1280, 951 N.Y.S.2d 616, lv. denied 20 N.Y.3d 1066, 962 N.Y.S.2d 617, 985 N.E.2d 927 ).Contrary to defendant's remaining contentions in the main ......
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