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People v. Gelfand

Appellate Division of the Supreme Court of New York, First Department
Jun 6, 1995
216 A.D.2d 29 (N.Y. App. Div. 1995)

Opinion

June 6, 1995

Appeal from the Supreme Court, New York County (Franklin Weissberg, J.).


Viewing the evidence in the light most favorable to the prosecution and giving it the benefit of every reasonable inference ( People v. Malizia, 62 N.Y.2d 755, cert denied 469 U.S. 932), defendant's guilt of assault in the third degree was proven beyond a reasonable doubt. Furthermore, upon an independent review of the facts, we find that the verdict was not against the weight of the evidence ( People v. Bleakley, 69 N.Y.2d 490). The evidence also established that the justification defense was disproved beyond a reasonable doubt. In this regard, the court's determinations regarding credibility and the proffered defense were supported by the record.

Concur — Sullivan, J.P., Rubin, Ross, Nardelli and Mazzarelli, JJ.


Summaries of

People v. Gelfand

Appellate Division of the Supreme Court of New York, First Department
Jun 6, 1995
216 A.D.2d 29 (N.Y. App. Div. 1995)
Case details for

People v. Gelfand

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SEAN GELFAND, Appellant

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

Date published: Jun 6, 1995

Citations

216 A.D.2d 29 (N.Y. App. Div. 1995)
627 N.Y.S.2d 915