Opinion
June 29, 1993
Appeal from the Supreme Court, New York County (Alvin Schlesinger, J.).
Contrary to defendant's argument, the evidence that he struck the victim, a bystander, with a piece of concrete that he picked up from the ground and threw at a man with whom he had just been arguing was sufficient to establish his guilt of unlawful possession of a weapon, such "conduct in itself provid[ing] the basis for an independent indictment charging [him] with both [assault] and possession of a weapon with intent to use it against a person unlawfully" (People v. Perez, 45 N.Y.2d 204, 209; see also, People v. Turner, 181 A.D.2d 637, lv denied 80 N.Y.2d 839).
We have reviewed defendant's other claims and find them to be without merit.
Concur — Sullivan, J.P., Carro, Wallach and Nardelli, JJ.