PEOPLE v. AROGUNDY


112 A.D.2d 1003 (1985)

The People of the State of New York, Respondent, v. Homero Arogundy, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

August 12, 1985


Judgment affirmed.

Defendant was convicted of assault in the second degree and criminal possession of a weapon in the fourth degree for having stabbed one Jose Monserrate with a broken beer bottle. On this appeal, he contends that (1) he was denied a fair trial by the court's instruction that the jury could presume unlawful intent from his possession of the broken bottle, and (2) his sentences were excessive in light of the Probation Department's recommendation that...

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