Opinion
12212 Ind. No. 4000/08 Case No. 2018-1410
10-27-2020
The PEOPLE of the State of New York, Respondent, v. Maurice PARKS, Defendant–Appellant.
Janet E. Sabel, The Legal Aid Society, New York (Harold V. Ferguson, Jr. of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Christopher P. Marinelli of counsel), for respondent.
Janet E. Sabel, The Legal Aid Society, New York (Harold V. Ferguson, Jr. of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Christopher P. Marinelli of counsel), for respondent.
Gische, J.P., Oing, Scarpulla, Mendez, JJ.
Judgment, Supreme Court, New York County (Carol Berkman, J.), rendered June 23, 2009, convicting defendant, after a jury trial, of murder in the second degree, and sentencing him to a prison term of fifteen years to life, unanimously affirmed.
The verdict was based on legally sufficient evidence and was not against the weight of the evidence (see People v. Danielson , 9 N.Y.3d 342, 348–349, 849 N.Y.S.2d 480, 880 N.E.2d 1 [2007] ). There is no basis for disturbing the jury's credibility determinations. The evidence disproved defendant's justification defense beyond a reasonable doubt. Defendant was not justified in chasing the fleeing victim and stabbing him 18 times, after it was clear that the victim was not using deadly force against defendant and that any potential danger had passed. The evidence also supports the conclusion that defendant intended to kill the victim (see generally People v. Getch , 50 N.Y.2d 456, 465, 429 N.Y.S.2d 579, 407 N.E.2d 425 [1980] ).