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People v. Barnett

Appellate Division of the Supreme Court of New York, Second Department
Oct 25, 1993
197 A.D.2d 697 (N.Y. App. Div. 1993)

Opinion

October 25, 1993

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


Ordered that the judgment is affirmed.

The defendant has failed to preserve for appellate review the issue of whether the People disproved his justification defense beyond a reasonable doubt (see, CPL 470.05; People v Bynum, 70 N.Y.2d 858; People v. Lemaire, 187 A.D.2d 532; People v Udzinski, 146 A.D.2d 245, 248-252). In any event, the evidence adduced at trial amply supported a finding that the defendant was the initial aggressor in the incident, thus negating his justification defense (see, Penal Law § 35.15; People v Gopaul, 171 A.D.2d 754).

Viewing the evidence in a light most favorable to the People (see, People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient 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 was not against the weight of the evidence (see, CPL 470.15). Mangano, P.J., Balletta, Rosenblatt and Ritter, JJ., concur.


Summaries of

People v. Barnett

Appellate Division of the Supreme Court of New York, Second Department
Oct 25, 1993
197 A.D.2d 697 (N.Y. App. Div. 1993)
Case details for

People v. Barnett

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. NOEL BARNETT, Appellant

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

Date published: Oct 25, 1993

Citations

197 A.D.2d 697 (N.Y. App. Div. 1993)
604 N.Y.S.2d 777

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