People v. Clarke
Cases that cite this one
6 later published cases cite this decision.
- People v. Mairena (Appellate Division of the Supreme Court of New York 2018)
- People v. Mairena (Appellate Division of the Supreme Court of New York 2017)
- People v. Mairena (Appellate Division of the Supreme Court of New York 2017)
- People v. Mairena (Appellate Division of the Supreme Court of New York 2017)
- People v. Clarke (Appellate Division of the Supreme Court of New York 2006)
- People v. Douglas (Appellate Division of the Supreme Court of New York 2005)
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 (Marras, J.), rendered January 14, 2002, convicting him of murder in the second degree and criminal possession of a weapon 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]; People v Gray, 86 NY2d 10 [1995]; People v Manning, 8 AD3d 298 [2004]; People v Littlejohn, 307 AD2d 976 [2003]). In any event, viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620 [1983]; People v Florival, 262 AD2d 499 [1999]), we find that it was legally sufficient to establish the elements of murder in the second degree and criminal possession of a weapon in the second degree and to disprove the defense of justification beyond a reasonable doubt (see People v Manning, supra; People v Henry, 244 AD2d 424 [1997]; People v Lemaire, 187 AD2d 532 [1992]). 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]). Ritter, J.P., H. Miller, Goldstein and Skelos, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.