Legal Opinion

People v. Acquista

Appellate Division of the Supreme Court of the State of New York

Decided June 5, 2007PublishedCited by 8 opinions

1Opinion of the Court

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Buchter, J.), rendered June 27, 2005, convicting him of assault in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s contention that the prosecution failed to *492disprove his justification defense by legally sufficient evidence is unpreserved for appellate review (see CPL 470.05 [2]; People v Santos-Mispas, 38 AD3d 923 [2007]; People v Johnson, 302 AD2d 539 [2003]). In any event, viewing the evidence in the light most favorable to the prosecution (see…

2Cases cited10 opinions

  1. People v. ContesNew York Court of Appeals · 1983
  2. People v. CrimminsNew York Court of Appeals · 1975
  3. People v. RomeroNew York Court of Appeals · 2006
  4. People v. WilliamsAppellate Division of the Supreme Court of the State of New York · 2005
  5. People v. WarrenAppellate Division of the Supreme Court of the State of New York · 2006

5 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. People v. WilsonAppellate Division of the Supreme Court of the State of New York · 2008
  2. People v. MartinezAppellate Division of the Supreme Court of the State of New York · 2009
  3. People v. SealsAppellate Division of the Supreme Court of the State of New York · 2010
  4. People v. GarciaAppellate Division of the Supreme Court of the State of New York · 2011
  5. People v. HallAppellate Division of the Supreme Court of the State of New York · 2009

3 more not listed; retrieve them via the Exa API.

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