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People v. Davis

Appellate Division of the Supreme Court of New York, Second Department
Dec 9, 1985
115 A.D.2d 553 (N.Y. App. Div. 1985)

Opinion

December 9, 1985

Appeal from the Supreme Court, Westchester County (McNab, J.).


Judgment affirmed.

The evidence adduced at trial was sufficient to permit a rational trier of fact to find that defendant was guilty, as charged, of assault in the second degree (Penal Law § 120.05; People v Contes, 60 N.Y.2d 620, 621). Defendant's contention that the People did not specifically disprove his defense beyond a reasonable doubt, is without merit, as there was sufficient evidence for the jury to find guilt beyond a reasonable doubt.

Defendant's second contention, that admitting statements he made at a prior sentencing hearing to show his state of mind was improper, is without merit as well (see, Richardson, Evidence § 288 [Prince 10th ed]; People v Gallo, 12 N.Y.2d 12). Lazer, J.P., Thompson, Weinstein and Niehoff, JJ., concur.


Summaries of

People v. Davis

Appellate Division of the Supreme Court of New York, Second Department
Dec 9, 1985
115 A.D.2d 553 (N.Y. App. Div. 1985)
Case details for

People v. Davis

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL DAVIS…

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

Date published: Dec 9, 1985

Citations

115 A.D.2d 553 (N.Y. App. Div. 1985)