People v. Grinage

Appellate Division of the Supreme Court of New York

People v. Grinage

309 A.D.2d 1174, 765 N.Y.S.2d 534, 2003 N.Y. App. Div. LEXIS 10075

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

DecidedOctober 2, 2003

StatusPublished

This text of 309 A.D.2d 1174 (People v. Grinage) 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. Grinage, 309 A.D.2d 1174, 765 N.Y.S.2d 534, 2003 N.Y. App. Div. LEXIS 10075 (N.Y. Ct. App. 2003).

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Opinion

Appeal from a judgment of Supreme Court, Erie County (Tills, J.), entered December 15, 2000, convicting defendant after a jury trial of, inter alia, 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 after a jury trial of murder in the second degree (Penal Law § 125.25 [2]) and criminal possession of a weapon in the second degree (§ 265.03). We reject the contention of defendant that Supreme Court erred in refusing to use his proposed jury charge on the mistake of fact defense. The court’s charge on that defense adequately conveyed the appropriate standard to the jury (see People v Adams, 69 NY2d 805, 806 [1987]). The verdict is not against the weight of the evidence (see People v Bleakley, 69 NY2d 490, 495 [1987]), and the sentence is neither unduly harsh nor severe. Present — Green, J.P., Hurlbutt, Gorski, Lawton and Hayes, JJ.

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Appeal from a judgment of Supreme Court, Erie County (Tills, J.), entered December 15, 2000, convicting defendant after a jury trial of, inter alia, 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 after a jury trial of murder in the second degree (Penal Law § 125.25 [2]) and criminal possession of a weapon in the second degree (§ 265.03). We reject the contention of defendant that Supreme Court erred in refusing to use his proposed jury charge on the mistake of fact defense. The court’s charge on that defense adequately conveyed the appropriate standard to the jury (see People v Adams, 69 NY2d 805, 806 [1987]). The verdict is not against the weight of the evidence (see People v Bleakley, 69 NY2d 490, 495 [1987]), and the sentence is neither unduly harsh nor severe. Present — Green, J.P., Hurlbutt, Gorski, Lawton and Hayes, JJ.

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Bluebook (online)

309 A.D.2d 1174, 765 N.Y.S.2d 534, 2003 N.Y. App. Div. LEXIS 10075, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-grinage-nyappdiv-2003.

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