People v. Lunney

Appellate Division of the Supreme Court of New York

People v. Lunney

238 A.D.2d 222, 656 N.Y.S.2d 868, 1997 N.Y. App. Div. LEXIS 4069

Appellate Division of the Supreme Court of the State of New York·Decided April 22, 1997·Published

Opinion

—Judgment, Supreme Court, New York County (Alvin Schlesinger, J.), rendered April 20, 1994, convicting defendant, after a jury trial, of manslaughter in the first degree, and criminal possession of a weapon in the second and third degrees, and sentencing him to concurrent terms of 7 to 21 years, 4 to 12 years and 2 to 6 years, respectively, unanimously affirmed.

[223]*223The verdict was not against the weight of the evidence. There was ample testimonial and forensic evidence to disprove defendant’s claim of justification beyond a reasonable doubt (People v Scott, 234 AD2d 126). We find no basis upon which to disturb the jury’s determinations of credibility.

Defendant’s claim with respect to the court’s charge is without merit and his claim with respect to the People’s summation does not warrant reversal. Concur—Murphy, P. J., Milonas, Mazzarelli and Andrias, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

—Judgment, Supreme Court, New York County (Alvin Schlesinger, J.), rendered April 20, 1994, convicting defendant, after a jury trial, of manslaughter in the first degree, and criminal possession of a weapon in the second and third degrees, and sentencing him to concurrent terms of 7 to 21 years, 4 to 12 years and 2 to 6 years, respectively, unanimously affirmed.

[223]*223The verdict was not against the weight of the evidence. There was ample testimonial and forensic evidence to disprove defendant’s claim of justification beyond a reasonable doubt (People v Scott, 234 AD2d 126). We find no basis upon which to disturb the jury’s determinations of credibility.

Defendant’s claim with respect to the court’s charge is without merit and his claim with respect to the People’s summation does not warrant reversal. Concur—Murphy, P. J., Milonas, Mazzarelli and Andrias, JJ.

People v. Lunney, 238 A.D.2d 222, 656 N.Y.S.2d 868, 1997 N.Y. App. Div. LEXIS 4069 (N.Y. Ct. App. 1997).

Pincite

238 A.D.2d 222 (People v. Lunney) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related