Legal Opinion

In re Dorian L.

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

Decided February 16, 2012Published

1Opinion of the Court

*531The court’s finding was based on legally sufficient evidence and was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348-349 [2007]). There is no basis for disturbing the court’s credibility determinations. The evidence disproved appellant’s justification defense beyond a reasonable doubt.

To the extent the court erred in denying appellant’s request for a missing witness charge, the error was harmless, as there was overwhelming evidence of appellant’s guilt (see People v Fields, 76 NY2d 761 [1990]; People v Abelson, 27 AD3d 301 [2006]). Appellant’s remaining…

2Cases cited3 opinions

  1. People v. DanielsonNew York Court of Appeals · 2007
  2. People v. FieldsNew York Court of Appeals · 1990
  3. People v. AbelsonAppellate Division of the Supreme Court of the State of New York · 2006

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