Legal Opinion

People v. Fleming

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

Decided November 30, 1987PublishedCited by 4 opinions

1Opinion of the Court

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Grajales, J.), rendered February 20, 1986, convicting him of assault in the second degree and criminal possession of a weapon in the fourth degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

We find unpersuasive the defendant’s claim that the evidence adduced by the prosecution failed to disprove the defense of justification beyond a reasonable doubt (see, Penal Law § 35.15 [2] [a]; § 25.00 [1]). The testimony of the prosecution witnesses and the evidence of the location, number…

2Cases cited4 opinions

  1. People v. West, New York County Courts1984
  2. People v. PeraltaAppellate Division of the Supreme Court of the State of New York · 1987
  3. People v. WilliamsAppellate Division of the Supreme Court of the State of New York · 1987
  4. People v. BetheaAppellate Division of the Supreme Court of the State of New York · 1987

3Cited by4 opinions

  1. People v. ComerAppellate Division of the Supreme Court of the State of New York · 1988
  2. People v. DimitrovAppellate Division of the Supreme Court of the State of New York · 1988
  3. People v. ThomasAppellate Division of the Supreme Court of the State of New York · 1989
  4. People v. LewisAppellate Division of the Supreme Court of the State of New York · 1992

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