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People v. Nelson

Appellate Division of the Supreme Court of New York, Second Department
May 30, 1995
215 A.D.2d 783 (N.Y. App. Div. 1995)

Opinion

May 30, 1995

Appeal from the Supreme Court, Kings County (Beldock, J.).


Ordered that the judgment is affirmed.

Viewing the evidence in a light most favorable to the prosecution (see, People v Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish beyond a reasonable doubt that the defendant intended to cause serious physical injury to the decedent (see, Penal Law § 125.20). We also find that the evidence was legally sufficient to disprove the defense of justification beyond a reasonable doubt (see, Penal Law § 35.15). 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).

The sentence imposed was not excessive (see, People v Suitte, 90 A.D.2d 80). Sullivan, J.P., Miller, Santucci and Altman, JJ., concur.


Summaries of

People v. Nelson

Appellate Division of the Supreme Court of New York, Second Department
May 30, 1995
215 A.D.2d 783 (N.Y. App. Div. 1995)
Case details for

People v. Nelson

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSEPH NELSON…

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

Date published: May 30, 1995

Citations

215 A.D.2d 783 (N.Y. App. Div. 1995)
627 N.Y.S.2d 975

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