People v. Agosta

Appellate Division of the Supreme Court of New York

People v. Agosta

129 A.D.2d 717, 514 N.Y.S.2d 479, 1987 N.Y. App. Div. LEXIS 45399

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

DecidedApril 20, 1987

StatusPublished

Cited by1 cases

This text of 129 A.D.2d 717 (People v. Agosta) 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. Agosta, 129 A.D.2d 717, 514 N.Y.S.2d 479, 1987 N.Y. App. Div. LEXIS 45399 (N.Y. Ct. App. 1987).

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Opinion

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Lombardo, J.), rendered March 6, 1985, convicting him of murder in the second degree and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The People presented overwhelming proof of guilt. Three witnesses testified that they saw the defendant fire several shots at the deceased. There was no evidence that the defendant acted in self-defense. To the contrary, the deceased, according to the witnesses, was unarmed. Under these circumstances, there was more than sufficient evidence to sustain the verdict. Moreover, no reduction of the sentence is warranted. Thompson, J. P., Brown, Niehoff and Rubin, JJ., concur.

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Appeal by the defendant from a judgment of the Supreme Court, Kings County (Lombardo, J.), rendered March 6, 1985, convicting him of murder in the second degree and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The People presented overwhelming proof of guilt. Three witnesses testified that they saw the defendant fire several shots at the deceased. There was no evidence that the defendant acted in self-defense. To the contrary, the deceased, according to the witnesses, was unarmed. Under these circumstances, there was more than sufficient evidence to sustain the verdict. Moreover, no reduction of the sentence is warranted. Thompson, J. P., Brown, Niehoff and Rubin, JJ., concur.

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Bluebook (online)

129 A.D.2d 717, 514 N.Y.S.2d 479, 1987 N.Y. App. Div. LEXIS 45399, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-agosta-nyappdiv-1987.

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