Legal Opinion

People v. Rochez

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

Decided December 11, 2001PublishedCited by 1 opinion

1Opinion of the Court

Judgment, Supreme *64Court, Bronx County (Barbara Newman, J.), rendered July 24, 1998, convicting defendant, after a jury trial, of assault in the second degree, and sentencing him to a term of 3 to 6 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 credibility determinations concerning the conflicting prosecution and defense versions of the incident. The defense of justification was disproved beyond a reasonable doubt by evidence, properly credited by the jury, that…

2Cases cited1 opinion

  1. People v. BerryAppellate Division of the Supreme Court of the State of New York · 2000

3Cited by1 opinion

  1. People v. M.T.Criminal Court of the City of New York · 2004

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