People v. Paris ( 1993 )


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  • Judgment, Supreme Court, New York County (Patricia Williams, J.), rendered August 21, 1990, convicting defendant, after a nonjury trial, of attempted assault in the first degree, criminal possession of a weapon in the third degree and unlawful possession of a noxious material, and sentencing him to concurrent prison terms of 1 to 3 years and 1 year and a term of probation of 1 year, respectively, unanimously affirmed.

    Viewing the evidence in a light most favorable to the prosecution and giving it the benefit of every reasonable inference (People v Malizia, 62 NY2d 755, cert denied 469 US 932), particularly the testimony that just prior to the arrival of the police, defendant, from a distance of approximately 18 feet, assumed a combat stance, pointed a loaded cross-bow pistol at the head of his intended unarmed victim and announced he was going to kill him, we find that the evidence was sufficient as a matter of law to support a finding that defendant intended, beyond a reasonable doubt, to cause physical injury to the complainant (see, People v Bracey, 41 NY2d 296, 299-300). Nor can the sentence be deemed excessive in view of the nearly tragic result of defendant’s actions and his criminal record. Concur—Milonas, J. P., Ellerin, Kupferman and Kassal, JJ.

Document Info

Filed Date: 1/7/1993

Precedential Status: Precedential

Modified Date: 10/31/2024