People v. Rabb

Appellate Division of the Supreme Court of New York

People v. Rabb

206 A.D.2d 256, 615 N.Y.S.2d 992, 1994 N.Y. App. Div. LEXIS 7147

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

DecidedJuly 5, 1994

StatusPublished

This text of 206 A.D.2d 256 (People v. Rabb) 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. Rabb, 206 A.D.2d 256, 615 N.Y.S.2d 992, 1994 N.Y. App. Div. LEXIS 7147 (N.Y. Ct. App. 1994).

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Opinion

Judgment, Supreme Court, New York County (Angela Mazzarelli, J.), rendered November 19, 1990, convicting defendant, after jury trial, of assault in the second degree and criminal possession of a weapon in the third degree, and sentencing him, as a second violent offender, to concurrent terms of 3Vz to 7 years, unanimously affirmed.

Viewing the evidence in the light most favorable to the People, and giving due deference to the jury’s findings and credibility (People v Bleakley, 69 NY2d 490, 495), defendant’s guilt was proved beyond a reasonable doubt by overwhelming evidence, and the verdict was not against the weight of that evidence.

The evidence established that defendant was the initial aggressor, which disproved his justification defense (Penal Law § 35.15 [1] [b]) beyond a reasonable doubt.

We have examined defendant’s remaining contentions and find them without merit. Concur—Sullivan, J. P., Carro, Ellerin, Asch and Tom, JJ.

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Judgment, Supreme Court, New York County (Angela Mazzarelli, J.), rendered November 19, 1990, convicting defendant, after jury trial, of assault in the second degree and criminal possession of a weapon in the third degree, and sentencing him, as a second violent offender, to concurrent terms of 3Vz to 7 years, unanimously affirmed.

Viewing the evidence in the light most favorable to the People, and giving due deference to the jury’s findings and credibility (People v Bleakley, 69 NY2d 490, 495), defendant’s guilt was proved beyond a reasonable doubt by overwhelming evidence, and the verdict was not against the weight of that evidence.

The evidence established that defendant was the initial aggressor, which disproved his justification defense (Penal Law § 35.15 [1] [b]) beyond a reasonable doubt.

We have examined defendant’s remaining contentions and find them without merit. Concur—Sullivan, J. P., Carro, Ellerin, Asch and Tom, JJ.

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Bluebook (online)

206 A.D.2d 256, 615 N.Y.S.2d 992, 1994 N.Y. App. Div. LEXIS 7147, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-rabb-nyappdiv-1994.

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