People v. Letriz

Appellate Division of the Supreme Court of New York

People v. Letriz

299 A.D.2d 298, 749 N.Y.S.2d 725, 2002 N.Y. App. Div. LEXIS 11509

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

DecidedNovember 26, 2002

StatusPublished

This text of 299 A.D.2d 298 (People v. Letriz) 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. Letriz, 299 A.D.2d 298, 749 N.Y.S.2d 725, 2002 N.Y. App. Div. LEXIS 11509 (N.Y. Ct. App. 2002).

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Opinion

Judgment, Supreme Court, New York County (Bruce Allen, J.), rendered February 20, 2001, convicting defendant, after a jury trial, of assault in the second degree, and sentencing him, as a second violent felony offender, to a term of five years, unanimously affirmed.

The verdict was not against the weight of the evidence (People v Bleakley, 69 NY2d 490). There is no basis for disturbing the jury’s determinations concerning credibility. Defendant’s justification defense was clearly refuted by the credible evidence, including testimony that, during a verbal altercation, defendant approached the victim, who posed no threat to defendant, and struck him twice over the head with a baseball bat.

Defendant’s challenges to the court’s justification charge are [299]*299unpreserved and we decline to review them in the interest of justice. Were we to review these claims, we would find that the charge as a whole conveyed the correct legal standards and provided the jury with suitable guidance in applying the law to the evidence presented at trial (see People v Goetz, 68 NY2d 96; see also People v Mickens, 219 AD2d 543, lv denied 87 NY2d 904). Concur — Nardelli, J.P., Tom, Lerner, Marlow and Gonzalez, JJ.

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Judgment, Supreme Court, New York County (Bruce Allen, J.), rendered February 20, 2001, convicting defendant, after a jury trial, of assault in the second degree, and sentencing him, as a second violent felony offender, to a term of five years, unanimously affirmed.

The verdict was not against the weight of the evidence (People v Bleakley, 69 NY2d 490). There is no basis for disturbing the jury’s determinations concerning credibility. Defendant’s justification defense was clearly refuted by the credible evidence, including testimony that, during a verbal altercation, defendant approached the victim, who posed no threat to defendant, and struck him twice over the head with a baseball bat.

Defendant’s challenges to the court’s justification charge are [299]*299unpreserved and we decline to review them in the interest of justice. Were we to review these claims, we would find that the charge as a whole conveyed the correct legal standards and provided the jury with suitable guidance in applying the law to the evidence presented at trial (see People v Goetz, 68 NY2d 96; see also People v Mickens, 219 AD2d 543, lv denied 87 NY2d 904). Concur — Nardelli, J.P., Tom, Lerner, Marlow and Gonzalez, JJ.

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Bluebook (online)

299 A.D.2d 298, 749 N.Y.S.2d 725, 2002 N.Y. App. Div. LEXIS 11509, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-letriz-nyappdiv-2002.

Opinion

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