People v. Lucena

243 A.D.2d 269, 662 N.Y.S.2d 320, 1997 N.Y. App. Div. LEXIS 9297

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: October 7, 1997
• Status: Published

Opinion

Judgment, Supreme Court, New York County (Budd Goodman, J.), rendered January 12, 1995, convicting defendant, after a jury trial, of assault in the second degree, resisting arrest and obstruction of governmental administration in the second degree, and sentencing him, as a second felony offender, to concurrent prison terms of 23A to 5V2 years, 1 year, and 1 year, respectively, unanimously affirmed.

Viewing the evidence in the light most favorable to defendant, we find that the court properly denied defendant’s request to charge justification. No version of the evidence showed that any officers used excessive force in effecting the arrest of a third person so as to justify the force used by defendant against an officer who was not even involved in the arrest (People v Frazier, 86 AD2d 557, lv denied 56 NY2d 651; see also, People v England, 191 AD2d 706). Concur—Murphy, P. J., Rosenberger, Wallach, Nardelli and Mazzarelli, JJ.