People v. Gawlick

Appellate Division of the Supreme Court of New York

People v. Gawlick

32 A.D.3d 1207, 820 N.Y.S.2d 836

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

DecidedSeptember 22, 2006

StatusPublished

This text of 32 A.D.3d 1207 (People v. Gawlick) 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. Gawlick, 32 A.D.3d 1207, 820 N.Y.S.2d 836 (N.Y. Ct. App. 2006).

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Opinion

Appeal from a judgment of the Monroe County Court (Frank E Geraci, Jr., J.), rendered August 8, 2003. The judgment convicted defendant, upon a jury verdict, of murder in the second degree.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict of murder in the second degree (Penal Law § 125.25 [1]). We reject the contention of defendant that County Court erred in refusing to charge the jury on the defense of justification (see § 35.15). “A trial court need not charge justification where no reasonable view of the evidence supports the elements of the defense” (People v Miller, 217 AD2d 810, 811 [1995], lv denied 86 NY2d 798 [1995]). Contrary to the further contention of defendant, we conclude that defense counsel afforded him meaningful representation (see generally People v Satterfield, 66 NY2d 796, 799-800 [1985]). Defendant failed to preserve for our review his contention that the evidence of intent is legally insufficient to support the conviction (see People v Gray, 86 NY2d 10, 19 [1995]). Finally, the verdict is not against the weight of the evidence (see generally People v Bleakley, 69 NY2d 490, 495 [1987]). Present — Pigott, Jr., P.J., Hurlbutt, Martoche and Green, JJ.

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Appeal from a judgment of the Monroe County Court (Frank E Geraci, Jr., J.), rendered August 8, 2003. The judgment convicted defendant, upon a jury verdict, of murder in the second degree.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict of murder in the second degree (Penal Law § 125.25 [1]). We reject the contention of defendant that County Court erred in refusing to charge the jury on the defense of justification (see § 35.15). “A trial court need not charge justification where no reasonable view of the evidence supports the elements of the defense” (People v Miller, 217 AD2d 810, 811 [1995], lv denied 86 NY2d 798 [1995]). Contrary to the further contention of defendant, we conclude that defense counsel afforded him meaningful representation (see generally People v Satterfield, 66 NY2d 796, 799-800 [1985]). Defendant failed to preserve for our review his contention that the evidence of intent is legally insufficient to support the conviction (see People v Gray, 86 NY2d 10, 19 [1995]). Finally, the verdict is not against the weight of the evidence (see generally People v Bleakley, 69 NY2d 490, 495 [1987]). Present — Pigott, Jr., P.J., Hurlbutt, Martoche and Green, JJ.

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Bluebook (online)

32 A.D.3d 1207, 820 N.Y.S.2d 836, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-gawlick-nyappdiv-2006.

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