Legal Opinion
People v. Barreto
Appellate Division of the Supreme Court of the State of New York
Decided February 25, 2010PublishedCited by 9 opinions
1Opinion of the Court
*575Judgment, Supreme Court, Bronx County (Barbara F. Newman, J.), rendered February 15, 2008, convicting defendant, after a jury trial, of assault in the second degree, and sentencing him, as a second felony offender, to a term of seven years, unanimously affirmed.
The verdict 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 jury’s determinations concerning credibility. The victim’s credible testimony negated the defense of justification by establishing that defendant was the initial aggressor. Moreover, under…
2Cases cited5 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- People v. DanielsonNew York Court of Appeals · 2007
- People v. BeneventoNew York Court of Appeals · 1998
- People v. AlmodovarNew York Court of Appeals · 1984
- People v. PalmerAppellate Division of the Supreme Court of the State of New York · 2006
3Cited by9 opinions
- People v. CosbyAppellate Division of the Supreme Court of the State of New York · 2011
- People v. BoleyAppellate Division of the Supreme Court of the State of New York · 2014
- People v. GueyeAppellate Division of the Supreme Court of the State of New York · 2011
- People v. FitzgeraldAppellate Division of the Supreme Court of the State of New York · 2014
- People v. AlmonteAppellate Division of the Supreme Court of the State of New York · 2011
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