Legal Opinion

People v. Clarke

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

Decided October 12, 2004PublishedCited by 6 opinions

1Opinion 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,…

2Cases cited6 opinions

  1. People v. ContesNew York Court of Appeals · 1983
  2. People v. GrayNew York Court of Appeals · 1995
  3. People v. LemaireAppellate Division of the Supreme Court of the State of New York · 1992
  4. People v. LittlejohnAppellate Division of the Supreme Court of the State of New York · 2003
  5. People v. ManningAppellate Division of the Supreme Court of the State of New York · 2004

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3Cited by6 opinions

  1. People v. DouglasAppellate Division of the Supreme Court of the State of New York · 2005
  2. People v. MairenaAppellate Division of the Supreme Court of the State of New York · 2017
  3. People v. ClarkeAppellate Division of the Supreme Court of the State of New York · 2006
  4. People v. MairenaAppellate Division of the Supreme Court of the State of New York · 2018
  5. People v. MairenaAppellate Division of the Supreme Court of the State of New York · 2017

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

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