Opinion
3569.
Decided May 6, 2004.
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.
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.
Before: Nardelli, J.P., Saxe, Williams, Friedman, JJ.
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), 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). 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, lv denied 75 N.Y.2d 967).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.