People v. Abdullah

Appellate Division of the Supreme Court of New York

People v. Abdullah

85 A.D.3d 455, 924 N.Y.S.2d 266

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 7, 2011

StatusPublished

This text of 85 A.D.3d 455 (People v. Abdullah) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Abdullah, 85 A.D.3d 455, 924 N.Y.S.2d 266 (N.Y. Ct. App. 2011).

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Opinion

Judgment, Supreme Court, New York County (Thomas A. Farber, J.), rendered January 14, 2010, convicting defendant, after a nonjury trial, of assault in the third degree, and sentencing him to a term of 45 days, concurrent with three years’ probation, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence (see People v Danielson, 9 [456]*456NY3d 342, 348-349 [2007]). There is no basis for disturbing the court’s credibility determinations. The credible evidence disproved defendant’s justification defense beyond a reasonable doubt. Nothing in the record supports defendant’s assertion that the court misunderstood the burden of proof on that defense; defendant merely takes out of context an isolated remark by the court.

Defendant’s remaining arguments, including his challenges to expert medical testimony, are without merit. Concur — Mazzarelli, J.P., Sweeny, Moskowitz, Renwick and Román, JJ.

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Judgment, Supreme Court, New York County (Thomas A. Farber, J.), rendered January 14, 2010, convicting defendant, after a nonjury trial, of assault in the third degree, and sentencing him to a term of 45 days, concurrent with three years’ probation, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence (see People v Danielson, 9 [456]*456NY3d 342, 348-349 [2007]). There is no basis for disturbing the court’s credibility determinations. The credible evidence disproved defendant’s justification defense beyond a reasonable doubt. Nothing in the record supports defendant’s assertion that the court misunderstood the burden of proof on that defense; defendant merely takes out of context an isolated remark by the court.

Defendant’s remaining arguments, including his challenges to expert medical testimony, are without merit. Concur — Mazzarelli, J.P., Sweeny, Moskowitz, Renwick and Román, JJ.

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Bluebook (online)

85 A.D.3d 455, 924 N.Y.S.2d 266, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-abdullah-nyappdiv-2011.

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