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People v. Marquez

Appellate Division of the Supreme Court of New York, Second Department
Jun 21, 2004
8 A.D.3d 588 (N.Y. App. Div. 2004)

Opinion

2002-04647.

Decided June 21, 2004.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Starkey, J.), rendered May 15, 2002, convicting him of assault in the second degree, upon a jury verdict, and imposing sentence.

Lynn W.L. Fahey, New York, N.Y. (Sarah J. Berger of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Victor Barall, John Minardo, and Andrew Davin Stillufsen of counsel), for respondent.

Before: HOWARD MILLER, J.P., GLORIA GOLDSTEIN, BARRY A. COZIER, WILLIAM F. MASTRO, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

The evidence before the grand jury established that when the defendant slashed the victim across the chest with a box cutter, the victim was not armed, and the defendant had no reason to believe that the victim was carrying a weapon or was about to use deadly physical force against him ( see People v. Reynoso, 73 N.Y.2d 816; People v. Hosein, 221 A.D.2d 563; People v. Porter, 161 A.D.2d 811; People v. Harris, 134 A.D.2d 369; People v. Figueroa, 111 A.D.2d 765). Therefore, the prosecutor was not obligated to give the grand jury a justification charge.

The defendant's remaining contentions either are unpreserved for appellate review or without merit ( see People v. Hayes, 97 N.Y.2d 203, 208; People v. Goetz, 68 N.Y.2d 96; People v. Foy, 32 N.Y.2d 473, 478; People v. Jones, 294 A.D.2d 517).

H. MILLER, J.P., GOLDSTEIN, COZIER and MASTRO, JJ., concur.


Summaries of

People v. Marquez

Appellate Division of the Supreme Court of New York, Second Department
Jun 21, 2004
8 A.D.3d 588 (N.Y. App. Div. 2004)
Case details for

People v. Marquez

Case Details

Full title:THE PEOPLE, ETC., respondent, v. JOHN MARQUEZ, appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 21, 2004

Citations

8 A.D.3d 588 (N.Y. App. Div. 2004)
779 N.Y.S.2d 214

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