Legal Opinion
People v. Gaines
Appellate Division of the Supreme Court of the State of New York
Decided February 23, 2006PublishedCited by 10 opinions
1Opinion of the Court
*270Judgment, Supreme Court, New York County (Gregory Carro, J), rendered March 28, 2003, convicting defendant, after a jury trial, of two counts of assault in the second degree, and sentencing him, as a second violent felony offender, to concurrent terms of seven years, unanimously affirmed.
The verdict was based on legally sufficient evidence and was not against the weight of the evidence. The evidence disproved defendant’s justification defense beyond a reasonable doubt. During a fistfight, defendant cut his opponent with a box cutter at a time when the opponent was unarmed and was giving…
2Cases cited4 opinions
- Pate v. RobinsonSupreme Court of the United States · 1966
- People v. TortoriciNew York Court of Appeals · 1999
- People v. MorganNew York Court of Appeals · 1995
- People v. MarquezAppellate Division of the Supreme Court of the State of New York · 2004
3Cited by10 opinions
- People v. ChapmanAppellate Division of the Supreme Court of the State of New York · 2006
- People v. MorrisAppellate Division of the Supreme Court of the State of New York · 2015
- People v. MorenoAppellate Division of the Supreme Court of the State of New York · 2006
- People v. SinghAppellate Division of the Supreme Court of the State of New York · 2021
- MANIGAULT, DERRICK, PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2016
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