People v. O'Brien
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Tomei, J.), rendered June 5, 1997, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
Viewing the evidence in the light most favorable to the prosecution (see, People v Contes, 60 NY2d 620, 621), we find that *434the defense of justification was disproved beyond a reasonable doubt (see, People v Lemaire, 187 AD2d 532). At trial, four eyewitnesses testified that the defendant fired three shots at the victim, who was unarmed. Since the only…
2Cases cited9 opinions
- People v. ContesNew York Court of Appeals · 1983
- People v. . GaimariNew York Court of Appeals · 1903
- People v. GarafoloAppellate Division of the Supreme Court of the State of New York · 1974
- People v. WashingtonNew York Court of Appeals · 1995
- People v. JamesNew York Court of Appeals · 1999
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3Cited by13 opinions
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- People v. HearnsAppellate Division of the Supreme Court of the State of New York · 2006
- People v. HunterAppellate Division of the Supreme Court of the State of New York · 2017
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