People v. Quail

Appellate Division of the Supreme Court of New York

People v. Quail

22 A.D.3d 292, 801 N.Y.S.2d 735

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

DecidedOctober 11, 2005

StatusPublished

Cited by1 cases

This text of 22 A.D.3d 292 (People v. Quail) 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. Quail, 22 A.D.3d 292, 801 N.Y.S.2d 735 (N.Y. Ct. App. 2005).

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Opinion

Judgment, Supreme Court, Bronx County (Denis J. Boyle, J.), rendered January 16, 2004, convicting defendant, after a nonjury trial, of manslaughter in the first degree and criminal possession of a weapon in the fourth degree, and sentencing him to an aggregate term of 12 years, unanimously modified, on the law, to the extent of vacating the DNA databank fee, and otherwise affirmed.

The court’s verdict was based on legally sufficient evidence and was not against the weight of the evidence. The evidence disproved defendant’s justification defense beyond a reasonable doubt.

We perceive no basis for reducing the sentence.

As the People concede, since the crime was committed prior to the effective date of the legislation (Penal Law § 60.35 [1] [a] [v] [former (1) (e)]) providing for the imposition of a DNA databank fee, that fee should not have been imposed. Concur— Tom, J.P., Marlow, Ellerin, Williams and McGuire, JJ.

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Judgment, Supreme Court, Bronx County (Denis J. Boyle, J.), rendered January 16, 2004, convicting defendant, after a nonjury trial, of manslaughter in the first degree and criminal possession of a weapon in the fourth degree, and sentencing him to an aggregate term of 12 years, unanimously modified, on the law, to the extent of vacating the DNA databank fee, and otherwise affirmed.

The court’s verdict was based on legally sufficient evidence and was not against the weight of the evidence. The evidence disproved defendant’s justification defense beyond a reasonable doubt.

We perceive no basis for reducing the sentence.

As the People concede, since the crime was committed prior to the effective date of the legislation (Penal Law § 60.35 [1] [a] [v] [former (1) (e)]) providing for the imposition of a DNA databank fee, that fee should not have been imposed. Concur— Tom, J.P., Marlow, Ellerin, Williams and McGuire, JJ.

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Bluebook (online)

22 A.D.3d 292, 801 N.Y.S.2d 735, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-quail-nyappdiv-2005.

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