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State v. Guillen

Appellate Division of the Supreme Court of New York, Second Department
Feb 27, 2007
37 A.D.3d 852 (N.Y. App. Div. 2007)

Opinion

No. 2005-05459.

February 27, 2007.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Spires, J.), rendered May 10, 2005, convicting her of assault in the first degree and criminal possession of a weapon in the fourth degree, upon a jury verdict, and imposing sentence.

Lynn W. L. Fahey, New York, N.Y. (Bertrand J. Kahn of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano and Karen Wigle Weiss of counsel), for respondent.

Before: Rivera, J.P., Skelos, Dillon and Covello, JJ.


Ordered that the judgment is affirmed.

Viewing the evidence in the light most favorable to the prosecution ( see People v Contes, 60 NY2d 620, 621), we find that the defense of justification was disproved beyond a reasonable doubt ( see Penal Law § 35.15; People v Lance, 31 AD3d 467, lv denied 7 NY3d 814; People v Grey, 282 AD2d 544, 545; People v O'Brien, 270 AD2d 433, 433-434; People v Arlequin, 214 AD2d 747, 748). Furthermore, resolution of issues of credibility is primarily a matter to be determined by the jury, which saw and heard the witnesses, and its determination should be accorded great deference on appeal ( see People v Romero, 7 NY3d 633, 644-645; People v Mateo, 2 NY3d 383, 410, cert denied 542 US 946). Upon the exercise of our factual review power ( see CPL 470.15), we are satisfied that the verdict of guilt was not against the weight of the evidence ( see People v Romero, supra; People v O'Brien, supra at 434).


Summaries of

State v. Guillen

Appellate Division of the Supreme Court of New York, Second Department
Feb 27, 2007
37 A.D.3d 852 (N.Y. App. Div. 2007)
Case details for

State v. Guillen

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GINA GUILLEN, Appellant

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

Date published: Feb 27, 2007

Citations

37 A.D.3d 852 (N.Y. App. Div. 2007)
2007 N.Y. Slip Op. 1757
832 N.Y.S.2d 226