People v. Toney

Appellate Division of the Supreme Court of New York

People v. Toney

272 A.D.2d 631, 709 N.Y.S.2d 426, 708 N.Y.S.2d 629, 2000 N.Y. App. Div. LEXIS 5982

Appellate Division of the Supreme Court of the State of New York·Decided May 30, 2000·Published·Cited by 1 cases

Opinion

—Appeal by the de[632]*632fendant from a judgment of the County Court, Suffolk County (Ohlig, J.), rendered June 23, 1997, convicting him of manslaughter in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s arguments in support of his contention that the People failed to disprove his justification defense beyond a reasonable doubt are unpreserved for appellate review (see, CPL 470.05 [2]; People v Ellis, 230 AD2d 751). In any event, viewing the evidence in the light most favorable to the prosecution (see, People v Contes, 60 NY2d 620), we find that it was legally sufficient to disprove the justification defense and to establish the defendant’s guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (see, CPL 470.15 [5]).

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

The defendant’s remaining contentions are either unpreserved for appellate review or without merit. O’Brien, J. P., McGinity, Luciano and Schmidt, JJ., concur.

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—Appeal by the de[632]*632fendant from a judgment of the County Court, Suffolk County (Ohlig, J.), rendered June 23, 1997, convicting him of manslaughter in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s arguments in support of his contention that the People failed to disprove his justification defense beyond a reasonable doubt are unpreserved for appellate review (see, CPL 470.05 [2]; People v Ellis, 230 AD2d 751). In any event, viewing the evidence in the light most favorable to the prosecution (see, People v Contes, 60 NY2d 620), we find that it was legally sufficient to disprove the justification defense and to establish the defendant’s guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (see, CPL 470.15 [5]).

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

The defendant’s remaining contentions are either unpreserved for appellate review or without merit. O’Brien, J. P., McGinity, Luciano and Schmidt, JJ., concur.

People v. Toney, 272 A.D.2d 631, 709 N.Y.S.2d 426, 708 N.Y.S.2d 629, 2000 N.Y. App. Div. LEXIS 5982 (N.Y. Ct. App. 2000).

Pincite

272 A.D.2d 631 (People v. Toney) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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