People v. Mejias

Appellate Division of the Supreme Court of New York

People v. Mejias

119 A.D.2d 770, 501 N.Y.S.2d 178, 1986 N.Y. App. Div. LEXIS 55705

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

DecidedApril 21, 1986

StatusPublished

This text of 119 A.D.2d 770 (People v. Mejias) 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. Mejias, 119 A.D.2d 770, 501 N.Y.S.2d 178, 1986 N.Y. App. Div. LEXIS 55705 (N.Y. Ct. App. 1986).

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Opinion

— Appeal by the defendant from a judgment of the Supreme Court, Kings County (Pizzuto, J.), rendered November 20, 1980, convicting him of murder in the second degree and robbery in the first degree, after a nonjury trial, and imposing sentence.

Judgment affirmed.

The evidence of the defendant’s guilt adduced at the trial was legally sufficient to support his conviction (see, People v Contes, 60 NY2d 620, 621). Moreover, there is no inherent inconsistency between the verdicts rendered with respect to the defendant and his codefendant, who was acquitted on the charge of felony murder. The court could have reasonably [771]*771determined, based on the evidence presented, that the defendant failed to establish the affirmative defense to felony murder (see, Penal Law § 125.25 [3]).

We have considered the remainder of the defendant’s contentions and have found them to be without merit. Lazer, J. P., Brown, Weinstein and Niehoff, JJ., concur.

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— Appeal by the defendant from a judgment of the Supreme Court, Kings County (Pizzuto, J.), rendered November 20, 1980, convicting him of murder in the second degree and robbery in the first degree, after a nonjury trial, and imposing sentence.

Judgment affirmed.

The evidence of the defendant’s guilt adduced at the trial was legally sufficient to support his conviction (see, People v Contes, 60 NY2d 620, 621). Moreover, there is no inherent inconsistency between the verdicts rendered with respect to the defendant and his codefendant, who was acquitted on the charge of felony murder. The court could have reasonably [771]*771determined, based on the evidence presented, that the defendant failed to establish the affirmative defense to felony murder (see, Penal Law § 125.25 [3]).

We have considered the remainder of the defendant’s contentions and have found them to be without merit. Lazer, J. P., Brown, Weinstein and Niehoff, JJ., concur.

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Bluebook (online)

119 A.D.2d 770, 501 N.Y.S.2d 178, 1986 N.Y. App. Div. LEXIS 55705, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-mejias-nyappdiv-1986.

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