Legal Opinion

People v. Nery

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

Decided October 14, 1997PublishedCited by 3 opinions

1Opinion of the Court

Appeal by the de*586fendant from a judgment of the Supreme Court, Queens County (Roman, J.), rendered October 11, 1995, convicting him of assault in the first degree and criminal possession of a weapon in the fourth degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant did not preserve for appellate review his claims that the justification defense was not disproven beyond a reasonable doubt and that the complainant’s testimony was incredible as a matter of law (see, CPL 470.05 [2]; People v Torres, 219 AD2d 565; People v Reeder, 209 AD2d 551). In…

2Cases cited5 opinions

  1. People v. ContesNew York Court of Appeals · 1983
  2. People v. WilliamsAppellate Division of the Supreme Court of the State of New York · 1983
  3. People v. ReederAppellate Division of the Supreme Court of the State of New York · 1994
  4. People v. WrightAppellate Division of the Supreme Court of the State of New York · 1995
  5. People v. TorresAppellate Division of the Supreme Court of the State of New York · 1995

3Cited by3 opinions

  1. People v. SmileyAppellate Division of the Supreme Court of the State of New York · 2003
  2. People v. JohnsonAppellate Division of the Supreme Court of the State of New York · 2003
  3. People v. SpellsAppellate Division of the Supreme Court of the State of New York · 2009

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