X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Defendant, as limited by his briefs, appeals from that portion of a judgment of the Criminal Court of the City of New York, New York County (Steven M. Statsinger, J.), rendered October 27, 2017, convicting him, after a nonjury trial, of two counts of attempted criminal possession of a weapon in the fourth degree, and sentencing him, inter alia, to thirty days in jail. PER CURIAM Judgment of conviction (Steven M. Statsinger, J.), rendered October 27, 2017, affirmed. The case is remitted to the Criminal Court of the City of New York, New York County for further proceedings pursuant to CPL 460(5). Shortly after the 2016 presidential election, defendant entered Trump Tower with a backpack containing a large knife, garrote, handcuffs, rope, flashlight, pocket knife and a powerful firecracker. Upon his arrest, a search of defendant’s dormitory room and computer yielded 35 M-100 firecrackers, a small bomb or grenade, and videos of acts of extreme violence, including bombs dropping on soldiers and people being tied up and executed with guns and knives. The portion of the verdict convicting the defendant of two counts of attempted criminal possession of a weapon in the fourth degree (see Penal Law §§110.00/265.01[2]) was supported by legally sufficient evidence and was not against the weight of the evidence (see People v. Danielson, 9 NY3d 342, 348-349 [2007]). There is no basis for disturbing the court’s credibility determinations. The credited evidence established that the large knife, which had a nearly seven-inch blade and was characterized by a police officer then serving in the Army Reserve as a “bayonet knife” and a combat weapon, was a “dangerous knife” under the statute (see Matter of Antwaine T., 23 NY3d 512, 516 [2014]; Matter of Jamie D., 59 NY2d 589, 592-593 [1983]). The evidence also established that the garrote, which is used as a “strangulation device,” was a “dangerous instrument” under the statute (Penal Law §§265.01[2], 10.00[13]; People v. Carter, 53 NY2d 113, 116 [1981]). Defendant’s possession of both items is presumptive evidence of his intent to use both unlawfully against another (see Penal Law §265.15[4]), and the requisite intent was, in any event, inferable from defendant’s conduct and the surrounding circumstances, including the presence of the other items in the backpack, particularly the “real” police-style handcuffs wrapped in tape to avoid detection, the M-100 firecracker and the rope (see People v. Campos, 93 AD3d 581, 682 [2012], lv denied 19 NY3d 971 [2012]). The court providently exercised its discretion in limiting the manner and extent of cross-examination of a police officer because the line of questioning sought to be asked by counsel was too remote and conjectural to have any legitimate influence in determining the facts at issue in this nonjury trial (see People v. Aska, 91 NY2d 979, 981 [1998]; People v. Davis, 43 NY2d 17, 27 [1977], cert denied 435 US 998, 438 US 914 [1978]). We perceive no basis for reducing the sentence given the serious nature of the charges and the potential jail sentence defendant was facing. The decision and order of this court dated October 7, 2019 (2019 NY Slip Op 51579[U]) is hereby recalled and vacated. All concur THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
October 15, 2024
Los Angeles, CA

Join the industry's top owners, investors, developers, brokers & financiers at THE MULTIFAMILY EVENT OF THE YEAR!


Learn More
October 15, 2024
Los Angeles, CA

Law.com celebrates the California law firms and legal departments driving the state's dynamic legal landscape.


Learn More
October 15, 2024
Dallas, TX

The Texas Lawyer honors attorneys and judges who have made a remarkable difference in the legal profession in Texas.


Learn More

Shift Schedule: Monday-Friday, 9AM-5PMHours Per Week: 35General Responsibilities:Under the supervision of the Director of Legal Services or ...


Apply Now ›

Shift Schedule: Monday-Friday, 9AM-5PMHours Per Week: 35General Responsibilities:Under the supervision of the Director of Legal Services or ...


Apply Now ›

Shipman & Goodwin LLP is seeking a attorney to expand our national commercial real estate lending practice. Candidates should have a mi...


Apply Now ›