People v. Strange

Summary

The New York Appellate Division, Third Department affirmed Travis R. Strange's convictions for criminal possession of weapons, assault in the second degree, and menacing in the second degree. The court held that the legally sufficient evidence supported the convictions, including proof of serious physical injury, unlawful firearm possession, and menacing, and that the verdict was not against the weight of the evidence. The court also declined to reduce the sentence as harsh or excessive.

Holdings

1. By affirmatively requesting that the lesser included fourth-degree weapon-possession offenses be charged on counts 1 and 2, defendant forfeited his challenge to the legal sufficiency of those convictions.
2. The evidence was legally sufficient to establish that defendant possessed a firearm and that his possession was not temporary and lawful; because he had a prior conviction, the evidence supported criminal possession of a weapon in the third degree.
3. The evidence was legally sufficient to establish that defendant caused the victim serious physical injury with the intent to cause such injury.
4. The evidence was legally sufficient to establish second-degree menacing because defendant displayed a pistol at the victim's face, intentionally placing her in reasonable fear of physical injury, serious physical injury, or death.
5. The verdict was not against the weight of the evidence.
6. The sentence was not harsh or excessive, and reduction in the interest of justice was unwarranted.

Questions Presented

1. Whether the evidence was legally sufficient to support the convictions for criminal possession of a weapon in the third degree, assault in the second degree, and menacing in the second degree.
2. Whether defendant forfeited his legal-sufficiency challenge to the fourth-degree weapon-possession convictions by requesting those lesser included offenses.
3. Whether the verdict was against the weight of the evidence.
4. Whether defendant's sentences were harsh and excessive and should be reduced in the interest of justice.

Disposition

affirmed