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PEOPLE v. DAVIS

72 N.Y.2d 32 (1988)

The People of the State of New York, Appellant-Respondent, v. Paul Davis, Respondent-Appellant.

Court of Appeals of the State of New York.

Decided June 9, 1988.

Attorney(s) appearing for the Case

John J. Santucci, District Attorney (Felix M. Hester of counsel), for appellant-respondent.

Richard Joselson and Philip L. Weinstein for respondent-appellant.

Judges KAYE, TITONE and HANCOCK, JR., concur with Judge SIMONS; Judge BELLACOSA concurs in part and dissents in part and votes to modify in a separate opinion in which Chief Judge WACHTLER and Judge ALEXANDER concur.

SIMONS, J.

Defendant was convicted after trial of first degree reckless endangerment and second degree criminal possession of a weapon. The Appellate Division modified, finding insufficient evidence to support the conviction for reckless endangerment but affirming the conviction for criminal possession of a weapon. On these cross appeals, the People maintain the reckless endangerment charge was sufficiently proven...

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