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People v. Hortas

Appellate Division of the Supreme Court of New York, First Department
Apr 6, 2000
271 A.D.2d 237 (N.Y. App. Div. 2000)

Opinion

April 6, 2000.

Judgment, Supreme Court, Bronx County (Gerald Sheindlin, J.), rendered January 7, 1998, convicting defendant, after a nonjury trial, of manslaughter in the first degree and criminal possession of a weapon in the second degree, and sentencing him, as a second felony offender, to concurrent terms of 18 years and 10 years, respectively, unanimously affirmed.

David A. Shimkin, for respondent.

John Schoeffel, for defendant-appellant.

SULLIVAN, P.J., NARDELLI, ELLERIN, WALLACH, ANDRIAS, JJ.


The court's verdict was based on legally sufficient evidence and was not against the weight of the evidence. The People disproved defendant's justification defense beyond a reasonable doubt, particularly with respect to the duty to retreat.

We perceive no abuse of sentencing discretion.

THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

People v. Hortas

Appellate Division of the Supreme Court of New York, First Department
Apr 6, 2000
271 A.D.2d 237 (N.Y. App. Div. 2000)
Case details for

People v. Hortas

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KENNETH HORTAS…

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

Date published: Apr 6, 2000

Citations

271 A.D.2d 237 (N.Y. App. Div. 2000)
706 N.Y.S.2d 332