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People v. Mota

Appellate Division of the Supreme Court of New York, First Department
Jun 4, 2002
295 A.D.2d 118 (N.Y. App. Div. 2002)

Opinion

1264

June 4, 2002.

Judgment, Supreme Court, Bronx County (Gerald Sheindlin, J.), rendered August 12, 1998, convicting defendant, after a nonjury trial, of murder in the second degree and criminal possession of a weapon in the fourth degree, and sentencing him to concurrent terms of 15 years to life and 1 year, respectively, unanimously affirmed.

ERICA M. FITZGERALD, for Respondent.

CAROL SANTANGELO, for Defendant-appellant.

Nardelli, J.P., Tom, Rosenberger, Wallach, Friedman, JJ.


The verdict was not against the weight of the evidence. Defendant failed to prove by a preponderance of the evidence that he was acting under extreme emotional disturbance. Contrary to defendant's claim, he satisfied neither the subjective nor the objective elements of his defense (see, People v. White, 79 N.Y.2d 900). There is no basis upon which to disturb the court's resolution of the conflict between the expert testimony presented by the prosecution and defense.

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


Summaries of

People v. Mota

Appellate Division of the Supreme Court of New York, First Department
Jun 4, 2002
295 A.D.2d 118 (N.Y. App. Div. 2002)
Case details for

People v. Mota

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. DIOGENES MOTA…

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

Date published: Jun 4, 2002

Citations

295 A.D.2d 118 (N.Y. App. Div. 2002)
742 N.Y.S.2d 547