People v. Guerra

Appellate Division of the Supreme Court of New York

People v. Guerra

236 A.D.2d 556, 654 N.Y.S.2d 642, 1997 N.Y. App. Div. LEXIS 1328

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

DecidedFebruary 18, 1997

StatusPublished

Cited by1 cases

This text of 236 A.D.2d 556 (People v. Guerra) 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.

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People v. Guerra, 236 A.D.2d 556, 654 N.Y.S.2d 642, 1997 N.Y. App. Div. LEXIS 1328 (N.Y. Ct. App. 1997).

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Opinion

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Douglass, J.), rendered June 16, 1995, convicting him of assault in the second degree and criminal possession of a weapon in the fourth degree, upon a jury verdict, and imposing sentence.

[557]*557Ordered that the judgment is affirmed.

The defendant’s claim that the People failed to disprove the defense of justification beyond a reasonable doubt is not preserved for appellate review, since he never moved in the trial court for dismissal of the indictment on this ground (see, People v Gray, 86 NY2d 10; People v Ellis, 230 AD2d 751).

In any event, viewing the evidence in the light most favorable to the People (see, People v Contes, 60 NY2d 620), we find that it was legally sufficient to disprove the justification defense and to establish the defendant’s guilt beyond a reasonable doubt (see, People v Ellis, supra; People v Arlequin, 214 AD2d 747; People v Torres, 182 AD2d 788; People v Scalise, 55 AD2d 992). Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (see, CPL 470.15 [5]; see also, People v Walker, 214 AD2d 594).

The defendant’s remaining contentions are either not preserved for appellate review or without merit. O’Brien, J. P., Joy, Friedmann and Florio, JJ., concur.

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—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Douglass, J.), rendered June 16, 1995, convicting him of assault in the second degree and criminal possession of a weapon in the fourth degree, upon a jury verdict, and imposing sentence.

[557]*557Ordered that the judgment is affirmed.

The defendant’s claim that the People failed to disprove the defense of justification beyond a reasonable doubt is not preserved for appellate review, since he never moved in the trial court for dismissal of the indictment on this ground (see, People v Gray, 86 NY2d 10; People v Ellis, 230 AD2d 751).

In any event, viewing the evidence in the light most favorable to the People (see, People v Contes, 60 NY2d 620), we find that it was legally sufficient to disprove the justification defense and to establish the defendant’s guilt beyond a reasonable doubt (see, People v Ellis, supra; People v Arlequin, 214 AD2d 747; People v Torres, 182 AD2d 788; People v Scalise, 55 AD2d 992). Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (see, CPL 470.15 [5]; see also, People v Walker, 214 AD2d 594).

The defendant’s remaining contentions are either not preserved for appellate review or without merit. O’Brien, J. P., Joy, Friedmann and Florio, JJ., concur.

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Bluebook (online)

236 A.D.2d 556, 654 N.Y.S.2d 642, 1997 N.Y. App. Div. LEXIS 1328, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-guerra-nyappdiv-1997.

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