PEOPLE v. BROWN

2010-1512 KCR.

37 Misc.3d 38 (2012)

952 N.Y.S.2d 866

2012 NY Slip Op 22213

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. THEOLINDA BROWN, Appellant.

Supreme Court, Appellate Term, Second Department.

July 17, 2012.


Attorney(s) appearing for the Case

Steven Banks , Legal Aid Society, New York City ( Harold V. Ferguson, Jr. , of counsel), for appellant. Charles J. Hynes , District Attorney, Brooklyn ( Leonard Joblove , Keith Dolan and Amanda Muros-Bishoff of counsel), for respondent.


OPINION OF THE COURT

MEMORANDUM.

Ordered that the judgment of conviction is affirmed.

Defendant was charged with assault in the third degree (Penal Law § 120.00 [1]) and harassment in the second degree (Penal Law § 240.26 [1]). At a jury trial, the People's witnesses testified that, on the evening of the incident, defendant, while walking up and down the street at a block party, was singing a song about stabbing someone. It was undisputed...

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