People v. Stewart

Judgment, Supreme Court, New York County (Harold Beeler, J.), rendered September 8, 1998, convicting defendant, after a jury trial, of assault in the second degree, and sentencing him, as a second felony offender, to a term of 5 years, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence. There is no basis upon which to disturb the jury’s determinations concerning credibility. The evidence clearly disproved defendant’s justification defense beyond a reasonable doubt.

*336The court properly exercised its discretion in permitting a…