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People v. Torres

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 8, 2011
86 A.D.3d 954 (N.Y. App. Div. 2011)

Opinion

No. KA 10-01054.

July 8, 2011.

Appeal from a judgment of the Seneca County Court (Dennis F. Bender, J.), rendered April 12, 2010. The judgment convicted defendant, upon a jury verdict, of assault in the third degree.

STEVEN J. GETMAN, OVID, FOR DEFENDANT-APPELLANT.

BARRY L. PORSCH, DISTRICT ATTORNEY, WATERLOO, FOR RESPONDENT.

Present — Centra, J.P., Fahey, Peradotto, Sconiers and Gorski, JJ.


It is hereby ordered that the judgment so appealed from is unanimously affirmed.


On appeal from a judgment convicting him upon a jury verdict of assault in the third degree (Penal Law § 120.00), defendant contends that County Court erred in refusing to instruct the jury on the defense of justification. We reject that contention. There is no reasonable view of the evidence that defendant reasonably believed that physical force was necessary to defend himself from what he reasonably believed to be "the use or imminent use of unlawful physical force" (§ 35.15 [1]; see People v Lewis, 13 AD3d 208, 209, aff'd 5 NY3d 546; Matter of Y.K., 87 NY2d 430, 433-434; see generally People v Butts, 72 NY2d 746, 750).


Summaries of

People v. Torres

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 8, 2011
86 A.D.3d 954 (N.Y. App. Div. 2011)
Case details for

People v. Torres

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JESUS TORRES, Appellant

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

Date published: Jul 8, 2011

Citations

86 A.D.3d 954 (N.Y. App. Div. 2011)
2011 N.Y. Slip Op. 5891
926 N.Y.S.2d 340

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