People v. Lewis
Cases that cite this one
8 later published cases cite this decision.
- People v. Henry (Appellate Division of the Supreme Court of New York 2020)
- People v. McCray (Appellate Division of the Supreme Court of New York 2009)
- People v. Lewis (Appellate Division of the Supreme Court of New York 2007)
- People v. Lewis (Appellate Division of the Supreme Court of New York 2005)
- People v. Wahedi (Appellate Division of the Supreme Court of New York 2003)
- People v. Lewis (Appellate Division of the Supreme Court of New York 2002)
- People v. Marshall (Appellate Division of the Supreme Court of New York 2001)
- 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, Kings County (Gary, J.), rendered May 14, 1998, convicting',him of murder in the second degree, upon a jury verdict and imposing sentence.
Ordered that the judgment is affirmed.
The defendant’s contention that the People failed to disprove his justification defense beyond a reasonable doubt is unpreserved for appellate review (see, CPL 470.05 [2]). In any event, it is without merit. Viewing the evidence in the light most favorable to the People (see, People v Contes, 60 NY2d 620), we find that it was legally sufficient to establish that the defendant caused the victim’s death by shooting him without reason to believe that the victim or another person was about to use deadly force against him (see, People v Candelaria, 206 AD2d 385; People v Richardson, 155 AD2d 488). 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 [5]).
The defendant’s remaining contentions are either unpreserved for appellate review or without merit. Ritter, J. P., S. Miller, McGinity and Townes, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.