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People v. Mayberry

Appellate Division of the Supreme Court of New York, Fourth Department
Sep 30, 1997
242 A.D.2d 963 (N.Y. App. Div. 1997)

Opinion

September 30, 1997

Appeal from Judgment of Erie County Court, LaMendola, J.

Present — Green, J.P., Lawton, Hayes, Wisner and Boehm, JJ.


Defendant appeals from a judgment convicting him of assault in the second degree (Penal Law § 120.06) and imposing an indeterminate term of incarceration of 2 to 7 years. We reject the contentions of defendant that the verdict is against the weight of the evidence (see, People v. Bleakley, 69 N.Y.2d 490, 495) and that the People failed to disprove his justification defense beyond a reasonable doubt (see, People v. Goetz, 68 N.Y.2d 96, 114-116). We have reviewed defendant's remaining contentions and conclude that they are without merit.


Summaries of

People v. Mayberry

Appellate Division of the Supreme Court of New York, Fourth Department
Sep 30, 1997
242 A.D.2d 963 (N.Y. App. Div. 1997)
Case details for

People v. Mayberry

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES MAYBERRY…

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

Date published: Sep 30, 1997

Citations

242 A.D.2d 963 (N.Y. App. Div. 1997)
665 N.Y.S.2d 603