Legal Opinion
People v. Upshaw
Appellate Division of the Supreme Court of the State of New York
Decided September 8, 1997PublishedCited by 4 opinions
1Opinion of the Court
Appeal by the defendant from a judgment of the County Court, Suffolk County (Dounias, J.), rendered January 24, 1995, convicting him of manslaughter in the first degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant failed to preserve for appellate review the issue of whether the People disproved his justification defense beyond a reasonable doubt (see, CPL 470.05 [2]; People v By*549num, 70 NY2d 858; People v Barnett, 197 AD2d 697; People v Udzinski, 146 AD2d 245, 248-252). In any event, the evidence adduced at trial amply supports a finding that…
2Cases cited7 opinions
- People v. ContesNew York Court of Appeals · 1983
- People v. SuitteAppellate Division of the Supreme Court of the State of New York · 1982
- People v. UdzinskiAppellate Division of the Supreme Court of the State of New York · 1989
- People v. BynumNew York Court of Appeals · 1987
- People v. StevensNew York Court of Appeals · 1990
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- People v. ThomasAppellate Division of the Supreme Court of the State of New York · 2012
- People v. CongelosiAppellate Division of the Supreme Court of the State of New York · 1999
- People v. WalkerAppellate Division of the Supreme Court of the State of New York · 2000
- People v. ThomasAppellate Division of the Supreme Court of the State of New York · 2012