PEOPLE v. ARCHIBALD

380 KA 15-00971.

148 A.D.3d 1794 (2017)

2017 NY Slip Op 02564

51 N.Y.S.3d 310

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JONATHAN ARCHIBALD, Appellant.

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided March 31, 2017.


It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him, upon a jury verdict, of assault in the second degree (Penal Law § 120.05 [2]). Supreme Court sentenced defendant as a persistent felony offender to an indeterminate term of incarceration of 15 years to life. Defendant contends that the evidence is legally insufficient to establish that he possessed a dangerous instrument...

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