From Casetext: Smarter Legal Research

People v. Marsh

Appellate Division of the Supreme Court of New York, Second Department
Dec 31, 1986
125 A.D.2d 714 (N.Y. App. Div. 1986)

Opinion

December 31, 1986

Appeal from the Supreme Court, Queens County (Agresta, J.).


Ordered that the judgment is affirmed.

Viewed in the light most favorable to the People, the evidence in this case is sufficient to sustain the conviction, inasmuch as "`any rational trier of fact could have found the essential elements of the crime[s] beyond a reasonable doubt'" (People v Contes, 60 N.Y.2d 620, 621; quoting from Jackson v. Virginia, 443 U.S. 307, 319; see also, People v. Malizia, 62 N.Y.2d 755, 757, cert denied 469 U.S. 932). The evidence supports the jury's rejection of the defense of justification (see, People v Maldonado, 121 A.D.2d 400).

Further, in view of the nature of the offense, we cannot say that Criminal Term's denial of youthful offender treatment constituted an abuse of discretion (see, People v. Selg, 110 A.D.2d 918; People v. Parris, 109 A.D.2d 853). Bracken, J.P., Kunzeman, Kooper and Spatt, JJ., concur.


Summaries of

People v. Marsh

Appellate Division of the Supreme Court of New York, Second Department
Dec 31, 1986
125 A.D.2d 714 (N.Y. App. Div. 1986)
Case details for

People v. Marsh

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TODD MARSH, Appellant

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

Date published: Dec 31, 1986

Citations

125 A.D.2d 714 (N.Y. App. Div. 1986)

Citing Cases

People v. Poe

One of the eyewitnesses described the victim's face after the beating as looking "like Rocky". From this…