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People v. Hernandez

Appellate Term of the Supreme Court of New York, First Department
Feb 18, 2004
2004 N.Y. Slip Op. 50076 (N.Y. App. Term 2004)

Opinion

570563/02.

Decided February 18, 2004.

Defendant appeals from a judgment of the Criminal Court, New York County, rendered January 4, 2002 after a jury trial (Ruth Pickholz, J.) convicting him of assault in the third degree (Penal Law § 120.00) and harassment in the second degree (Penal Law § 240.26), and imposing sentence.

Judgment of conviction rendered January 4, 2002 (Ruth Pickholz, J.) affirmed.

PRESENT: McCOOE, J.P., DAVIS and SCHOENFELD, Justices.


The verdict was not against the weight of the evidence. Issues of credibility, including the resolution of conflicts in testimony, were properly placed before the jury and there is no basis for disturbing its determinations. Evidence properly credited by the jury disproved defendant's justification defense beyond a reasonable doubt.

This constitutes the decision and order of the court.


Summaries of

People v. Hernandez

Appellate Term of the Supreme Court of New York, First Department
Feb 18, 2004
2004 N.Y. Slip Op. 50076 (N.Y. App. Term 2004)
Case details for

People v. Hernandez

Case Details

Full title:PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAVID HERNANDEZ…

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

Date published: Feb 18, 2004

Citations

2004 N.Y. Slip Op. 50076 (N.Y. App. Term 2004)