PEOPLE v. SEARCY

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

The PEOPLE of the State of New York, Respondent, v. Robert SEARCY, Defendant-Appellant.

Decided: May 06, 2004

NARDELLI, J.P., SAXE, WILLIAMS, FRIEDMAN, JJ. Cardozo Appeals Clinic, New York (Paul Roslyn of counsel), for appellant. Robert M. Morgenthau, District Attorney, New York (Michael J. Balch of counsel), for respondent.

Judgment, Supreme Court, New York County (Marcy L. Kahn, J.), rendered January 10, 2001, convicting defendant, after a jury trial, of assault in the second degree and criminal possession of a weapon in the third degree, and sentencing him, as a second felony offender, to concurrent terms of 4 years and 2 to 4 years, respectively, unanimously affirmed.

Defendant was properly convicted of assault in the second degree and criminal possession of a weapon in the third degree, since the evidence warranted the conclusion that the knife he used constituted a dangerous instrument (Penal Law § 10.00[13] ), in that it was readily capable of causing serious physical injury under the circumstances of its use (see People v. Carter, 53 N.Y.2d 113, 440 N.Y.S.2d 607, 423 N.E.2d 30).   Although the knife was small, the evidence established that defendant deliberately used it in a manner which resulted in a severe cut to the victim's hand, and which could have easily caused a disabling injury (see People v. Johnson, 158 A.D.2d 939, 551 N.Y.S.2d 102, lv. denied 75 N.Y.2d 967, 556 N.Y.S.2d 252, 555 N.E.2d 624).