People v. Harrison, 124 A.D.3d 1311 (N.Y. App. Div. 4th Dep't 2015). · Go Syfert
People v. Harrison, 124 A.D.3d 1311 (N.Y. App. Div. 4th Dep't 2015). Cases Citing This Book View Copy Cite
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The People of the State of New York
v.
Cathy T. Harrison
Appellate Division of the Supreme Court of the State of New York.
Jan 2, 2015.
Published opinion
124 A.D.3d 1311
Carni, Centra, Fahey, Sconiers.
Published

Appeal from a judgment of the Monroe County Court (James J. Piampiano, J.), rendered May 12, 2011. The judgment convicted defendant, upon a jury verdict, of criminal possession of a weapon in the second degree.

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting her upon a jury verdict of criminal possession of a weapon in the second degree (Penal Law § 265.03 [1] [b]). We reject defendant’s contention that County Court’s instruction on the statutory presumption of unlawful intent (see § 265.15 [4]), combined with the trial testimony concerning her intent to use the weapon unlawfully against a specific victim, rendered that charge duplicitous. The count charging defendant with criminal possession of a weapon in the second degree alleged a single offense, and “there was no danger of a nonunanimous verdict[*1312] with respect to” the element of intent (People v Watson, 115 AD3d 687, 689 [2014], lv denied 23 NY3d 1069 [2014]; see People v Lora, 176 AD2d 273, 273 [1991], lv denied 79 NY2d 829 [1991]).

Present — Centra, J.P, Fahey, Carni and Sconiers, JJ.