People v. Gelfand

Appellate Division of the Supreme Court of New York

People v. Gelfand

216 A.D.2d 29, 627 N.Y.S.2d 915, 1995 N.Y. App. Div. LEXIS 6281

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

DecidedJune 6, 1995

StatusPublished

This text of 216 A.D.2d 29 (People v. Gelfand) 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. Gelfand, 216 A.D.2d 29, 627 N.Y.S.2d 915, 1995 N.Y. App. Div. LEXIS 6281 (N.Y. Ct. App. 1995).

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Opinion

Judgment, Supreme Court, New York County (Franklin Weissberg, J.), rendered August 22, 1993, which convicted defendant, following a non-jury trial, of assault in the third degree and sentenced him to a term of three years probation, unanimously affirmed.

Viewing the evidence in the light most favorable to the prosecution and giving it the benefit of every reasonable inference (People v Malizia, 62 NY2d 755, cert denied 469 US 932), defendant’s guilt of assault in the third degree was proven beyond a reasonable doubt. Furthermore, upon an independent review of the facts, we find that the verdict was not against the weight of the evidence (People v Bleakley, 69 NY2d 490). The evidence also established that the justification defense was disproved beyond a reasonable doubt. In this regard, the court’s determinations regarding credibility and the proffered defense were supported by the record. Concur—Sullivan, J. P., Rubin, Ross, Nardelli and Mazzarelli, JJ.

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Judgment, Supreme Court, New York County (Franklin Weissberg, J.), rendered August 22, 1993, which convicted defendant, following a non-jury trial, of assault in the third degree and sentenced him to a term of three years probation, unanimously affirmed.

Viewing the evidence in the light most favorable to the prosecution and giving it the benefit of every reasonable inference (People v Malizia, 62 NY2d 755, cert denied 469 US 932), defendant’s guilt of assault in the third degree was proven beyond a reasonable doubt. Furthermore, upon an independent review of the facts, we find that the verdict was not against the weight of the evidence (People v Bleakley, 69 NY2d 490). The evidence also established that the justification defense was disproved beyond a reasonable doubt. In this regard, the court’s determinations regarding credibility and the proffered defense were supported by the record. Concur—Sullivan, J. P., Rubin, Ross, Nardelli and Mazzarelli, JJ.

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Bluebook (online)

216 A.D.2d 29, 627 N.Y.S.2d 915, 1995 N.Y. App. Div. LEXIS 6281, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-gelfand-nyappdiv-1995.

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