People v. McCummings

Appellate Division of the Supreme Court of New York

People v. McCummings

245 A.D.2d 200, 665 N.Y.S.2d 901, 1997 N.Y. App. Div. LEXIS 13307

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

DecidedDecember 23, 1997

StatusPublished

This text of 245 A.D.2d 200 (People v. McCummings) 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. McCummings, 245 A.D.2d 200, 665 N.Y.S.2d 901, 1997 N.Y. App. Div. LEXIS 13307 (N.Y. Ct. App. 1997).

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Opinion

—Judgment, Supreme Court, New York County (Joan Sudolnik, J.), rendered May 25, 1995, convicting defendant, after a jury trial, of assault in the second degree, and sentencing him, as a persistent violent felony offender, to a term of 9 years to life, unanimously affirmed.

Defendant’s requests to submit to the jury the defense of justification and the lesser included offense of assault in the third degree (Penal Law § 120.00 [2]) were properly denied. There was no reasonable view of the evidence, considered in the light most favorable to defendant, to support either of these requested charges. Concur—Murphy, P. J., Milonas, Wallach, Rubin and Mazzarelli, JJ.

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—Judgment, Supreme Court, New York County (Joan Sudolnik, J.), rendered May 25, 1995, convicting defendant, after a jury trial, of assault in the second degree, and sentencing him, as a persistent violent felony offender, to a term of 9 years to life, unanimously affirmed.

Defendant’s requests to submit to the jury the defense of justification and the lesser included offense of assault in the third degree (Penal Law § 120.00 [2]) were properly denied. There was no reasonable view of the evidence, considered in the light most favorable to defendant, to support either of these requested charges. Concur—Murphy, P. J., Milonas, Wallach, Rubin and Mazzarelli, JJ.

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Bluebook (online)

245 A.D.2d 200, 665 N.Y.S.2d 901, 1997 N.Y. App. Div. LEXIS 13307, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-mccummings-nyappdiv-1997.

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