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People v. Rhoden

Appellate Division of the Supreme Court of New York, Second Department
Mar 29, 1993
191 A.D.2d 722 (N.Y. App. Div. 1993)

Opinion

March 29, 1993

Appeal from the Supreme Court, Kings County (Owens, J.).


Ordered that the judgment is affirmed.

Viewing the evidence in the light most favorable to the People (see, People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict was not against the weight of the evidence (see, CPL 470.15).

We find that the trial court's denial of the defendant's request to charge the defense of justification was not error. It is well settled that a court need not charge the defense of justification if, considering the record in the light most favorable to the defendant, no reasonable view of the evidence supports the defense (see, People v. Reynoso, 73 N.Y.2d 816; People v. Casado, 177 A.D.2d 497). Here, there was no evidence which would indicate that the defendant reasonably believed that he was in danger of being subjected to deadly physical force (see, People v. Watts, 57 N.Y.2d 299, 302; People v. Powell, 181 A.D.2d 923).

The sentence imposed was not excessive (see, People v. Suitte, 90 A.D.2d 80). Sullivan, J.P., Rosenblatt, Lawrence and O'Brien, JJ., concur.


Summaries of

People v. Rhoden

Appellate Division of the Supreme Court of New York, Second Department
Mar 29, 1993
191 A.D.2d 722 (N.Y. App. Div. 1993)
Case details for

People v. Rhoden

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ESMER RHODEN, Appellant

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

Date published: Mar 29, 1993

Citations

191 A.D.2d 722 (N.Y. App. Div. 1993)
595 N.Y.S.2d 523

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