People v. Hortas

Appellate Division of the Supreme Court of New York

People v. Hortas

271 A.D.2d 237, 706 N.Y.S.2d 332, 2000 N.Y. App. Div. LEXIS 3847

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

DecidedApril 6, 2000

StatusPublished

This text of 271 A.D.2d 237 (People v. Hortas) 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. Hortas, 271 A.D.2d 237, 706 N.Y.S.2d 332, 2000 N.Y. App. Div. LEXIS 3847 (N.Y. Ct. App. 2000).

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Opinion

—Judgment, Supreme Court, Bronx County (Gerald Sheindlin, J.), rendered January 7, 1998, convicting defendant, after a nonjury trial, of [238]*238manslaughter in the first degree and criminal possession of a weapon in the second degree, and sentencing him, as a second felony offender, to concurrent terms of 18 years and 10 years, respectively, unanimously affirmed.

The court’s verdict was based on legally sufficient evidence and was not against the weight of the evidence. The People disproved defendant’s justification defense beyond a reasonable doubt, particularly with respect to the duty to retreat.

We perceive no abuse of sentencing discretion. Concur — Sullivan, P. J., Nardelli, Ellerin, Wallach and Andrias, JJ.

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—Judgment, Supreme Court, Bronx County (Gerald Sheindlin, J.), rendered January 7, 1998, convicting defendant, after a nonjury trial, of [238]*238manslaughter in the first degree and criminal possession of a weapon in the second degree, and sentencing him, as a second felony offender, to concurrent terms of 18 years and 10 years, respectively, unanimously affirmed.

The court’s verdict was based on legally sufficient evidence and was not against the weight of the evidence. The People disproved defendant’s justification defense beyond a reasonable doubt, particularly with respect to the duty to retreat.

We perceive no abuse of sentencing discretion. Concur — Sullivan, P. J., Nardelli, Ellerin, Wallach and Andrias, JJ.

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Bluebook (online)

271 A.D.2d 237, 706 N.Y.S.2d 332, 2000 N.Y. App. Div. LEXIS 3847, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-hortas-nyappdiv-2000.