PEOPLE v. JOHNSON


63 A.D.3d 470 (2009)

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ZAVIA JOHNSON, Appellant.

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

Decided June 9, 2009.


Defendant's challenge to the sufficiency of the evidence supporting his conviction of third-degree weapon possession is unpreserved and we decline to review it in the interest of justice. As an alternative holding, we find that there was legally sufficient evidence to establish defendant's intent to use a baseball bat unlawfully against the victim, not merely against the victim's property, and that the bat constituted a dangerous instrument within the meaning of Penal Law...

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