Appellate Division of the Supreme Court of New York, 2000

People v. Clinton

Appellate Division of the Supreme Court of New York · Decided January 24, 2000

268 A.D.2d 531; 701 N.Y.S.2d 647; 2000 N.Y. App. Div. LEXIS 643

Cases that cite this one

6 later published cases cite this decision.

People v. Pegues (Appellate Division of the Supreme Court of New York 2009)
People v. Martin (Appellate Division of the Supreme Court of New York 2009)
People v. Wahedi (Appellate Division of the Supreme Court of New York 2003)
People v. Durkin (Appellate Division of the Supreme Court of New York 2003)
People v. Rishton (Appellate Division of the Supreme Court of New York 2003)
People v. Boyle (Appellate Division of the Supreme Court of New York 2001)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

—Appeal by the defendant from a judgment of the Supreme Court, Queens County (McDonald, J.), rendered July 14, 1997, convicting him of manslaughter in the first degree, criminal possession of a weapon in the third degree, and tampering with physical evidence, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s contentions that the evidence was legally insufficient to prove his guilt beyond a reasonable doubt and to disprove his defense of justification were not preserved for appellate review by his motion for a trial order of dismissal (see, CPL 470.05 [2]; People v Gray, 86 NY2d 10, 20-21; People v Vella, 247 AD2d 642; People v Joseph, 243 AD2d 728; People v Udzinski, 146 AD2d 245). In any event, viewing the evidence in the light most favorable to the prosecution (see, People v Contes, 60 NY2d 620), we find that it was legally sufficient to establish the defendant’s guilt beyond a reasonable doubt and to disprove his justification defense beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (see, CPL 470.15 [5]).

The defendant’s sentence was not excessive (see, People v Suitte, 90 AD2d 80). O’Brien, J. P., Friedmann, Florio and H. Miller, JJ., concur.

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