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PEOPLE v. PERRY

No. 62.

19 N.Y.3d 70 (2012)

967 N.E.2d 1195

944 N.Y.S.2d 750

2012 NY Slip Op 2419

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. JAMES PERRY, Respondent.

Court of Appeals of New York.

Decided April 3, 2012.

Attorney(s) appearing for the Case

Charles J. Hynes , District Attorney, Brooklyn ( Thomas M. Ross and Leonard Joblove of counsel), for appellant.

Chadbourne & Parke LLP, New York City ( Thomas E. Butler and Keith Levenberg of counsel), and Appellate Advocates ( Lynn W.L. Fahey of counsel) for respondent.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, PIGOTT and JONES concur.

OPINION OF THE COURT

SMITH, J.

Defendant was convicted of possessing a weapon with the intent to use it unlawfully against another, after he admitted that he displayed a gun to a man in order to frighten him. We hold that there is no reasonable view of the evidence on which defendant possessed the weapon without any intention to use it unlawfully.

The case arises out of an encounter between defendant and...

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