People v. Backman

Appellate Division of the Supreme Court of New York

People v. Backman

248 A.D.2d 164, 669 N.Y.S.2d 815, 1998 N.Y. App. Div. LEXIS 2387

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

DecidedMarch 10, 1998

StatusPublished

Cited by1 cases

This text of 248 A.D.2d 164 (People v. Backman) 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. Backman, 248 A.D.2d 164, 669 N.Y.S.2d 815, 1998 N.Y. App. Div. LEXIS 2387 (N.Y. Ct. App. 1998).

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Opinion

—Judgment, Supreme Court, Bronx County (John Collins, J.), rendered [165]*165September 14, 1993, convicting defendant, after a jury trial, of murder in the second degree, and sentencing him to a term of 20 years to life, unanimously affirmed.

Defendant failed to preserve his present contention that the evidence was legally insufficient to disprove his justification defense in that the People allegedly failed to prove that he used an “excessive” amount of deadly force and that death was caused by the “excessive” portion. Defendant likewise failed to preserve his related contention that the court should have specifically instructed the jury on those issues. We decline to review these claims in the interest of justice. Were we to review these claims, we would find them to be without merit because the evidence established that none of the 35 to 40 stab wounds inflicted upon the victim were justified (see, People v Jones, 175 AD2d 294, Iv denied 78 NY2d 1012).

We perceive no abuse of discretion in sentencing.

Concur— Nardelli, J. P., Tom, Mazzarelli, Andrias and Saxe, JJ.

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—Judgment, Supreme Court, Bronx County (John Collins, J.), rendered [165]*165September 14, 1993, convicting defendant, after a jury trial, of murder in the second degree, and sentencing him to a term of 20 years to life, unanimously affirmed.

Defendant failed to preserve his present contention that the evidence was legally insufficient to disprove his justification defense in that the People allegedly failed to prove that he used an “excessive” amount of deadly force and that death was caused by the “excessive” portion. Defendant likewise failed to preserve his related contention that the court should have specifically instructed the jury on those issues. We decline to review these claims in the interest of justice. Were we to review these claims, we would find them to be without merit because the evidence established that none of the 35 to 40 stab wounds inflicted upon the victim were justified (see, People v Jones, 175 AD2d 294, Iv denied 78 NY2d 1012).

We perceive no abuse of discretion in sentencing.

Concur— Nardelli, J. P., Tom, Mazzarelli, Andrias and Saxe, JJ.

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Bluebook (online)

248 A.D.2d 164, 669 N.Y.S.2d 815, 1998 N.Y. App. Div. LEXIS 2387, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-backman-nyappdiv-1998.

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