People v. Morillo

Appellate Division of the Supreme Court of New York

People v. Morillo

4 A.D.3d 539, 771 N.Y.S.2d 709

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

DecidedFebruary 23, 2004

StatusPublished

This text of 4 A.D.3d 539 (People v. Morillo) 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. Morillo, 4 A.D.3d 539, 771 N.Y.S.2d 709 (N.Y. Ct. App. 2004).

Pincite

Opinion

by the defendant from a judgment of the Supreme Court, Queens County (Rios, J), rendered May 11, 1999, convicting him of assault in the first degree (two counts), upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The trial court properly denied the defendant’s request to instruct the jury on the defense of justification since no reasonable view of the evidence supported it (see Penal Law § 35.15 [1] [b]; [2]; see also People v Bennett, 279 AD2d 585 [2001]; People v Lee, 185 AD2d 824 [1992]; People v Richardson, 155 AD2d 488 [1989]).

The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]).

The defendant’s remaining contentions are unpreserved for appellate review. Altman, J.P, Krausman, Adams and Townes, JJ., concur.

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