People v. Council

Appellate Division of the Supreme Court of New York

People v. Council

35 A.D.3d 261, 824 N.Y.S.2d 711

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

DecidedDecember 14, 2006

StatusPublished

This text of 35 A.D.3d 261 (People v. Council) 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. Council, 35 A.D.3d 261, 824 N.Y.S.2d 711 (N.Y. Ct. App. 2006).

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Opinion

Judgment, Supreme Court, Bronx County (Phylis Skloot Bamberger, J.), rendered February 4, 2004, convicting defendant, after a jury trial, of murder in the second degree and criminal possession of a weapon in the second degree, and sentencing him to concurrent terms of 25 years to life and seven years, respectively, unanimously affirmed.

[262]*262The verdict was not against the weight of the evidence. There is no basis for disturbing the jury’s determinations concerning credibility. The evidence disproved defendant’s justification defense beyond a reasonable doubt.

We perceive no basis for reducing the sentence. Concur— Andrias, J.E, Saxe, Marlow, Nardelli and Williams, JJ.

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Judgment, Supreme Court, Bronx County (Phylis Skloot Bamberger, J.), rendered February 4, 2004, convicting defendant, after a jury trial, of murder in the second degree and criminal possession of a weapon in the second degree, and sentencing him to concurrent terms of 25 years to life and seven years, respectively, unanimously affirmed.

[262]*262The verdict was not against the weight of the evidence. There is no basis for disturbing the jury’s determinations concerning credibility. The evidence disproved defendant’s justification defense beyond a reasonable doubt.

We perceive no basis for reducing the sentence. Concur— Andrias, J.E, Saxe, Marlow, Nardelli and Williams, JJ.

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Bluebook (online)

35 A.D.3d 261, 824 N.Y.S.2d 711, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-council-nyappdiv-2006.