Legal Opinion

People v. O'Brien

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

Decided March 20, 2000PublishedCited by 13 opinions

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

  1. People v. ContesNew York Court of Appeals · 1983
  2. People v. . GaimariNew York Court of Appeals · 1903
  3. People v. GarafoloAppellate Division of the Supreme Court of the State of New York · 1974
  4. People v. WashingtonNew York Court of Appeals · 1995
  5. People v. JamesNew York Court of Appeals · 1999

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

3Cited by13 opinions

  1. People v. TuttAppellate Division of the Supreme Court of the State of New York · 2003
  2. People v. DockeryAppellate Division of the Supreme Court of the State of New York · 2013
  3. People v. CarnettAppellate Division of the Supreme Court of the State of New York · 2005
  4. People v. HearnsAppellate Division of the Supreme Court of the State of New York · 2006
  5. People v. HunterAppellate Division of the Supreme Court of the State of New York · 2017

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

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