Legal Opinion
People v. Garcia
Appellate Division of the Supreme Court of the State of New York
Decided February 10, 2009PublishedCited by 7 opinions
1Opinion of the Court
*212Judgment, Supreme Court, Bronx County (Darcel D. Clark, J.), rendered June 18, 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 five years, unanimously affirmed.
The court properly denied defendant’s request for a justification charge, since there was no reasonable view of the evidence, when viewed in the light most favorable to defendant, that would support that charge (see People v Watts, 57 NY2d 299, 301-302 [1982]). It was undisputed that after defendant’s stepson, who was unarmed, struck…
2Cases cited4 opinions
- People v. WattsNew York Court of Appeals · 1982
- People v. GoetzNew York Court of Appeals · 1986
- People v. MickensAppellate Division of the Supreme Court of the State of New York · 1995
- People v. HubrechtAppellate Division of the Supreme Court of the State of New York · 2003
3Cited by7 opinions
- People v. MasonAppellate Division of the Supreme Court of the State of New York · 2015
- People v. BrownAppellate Division of the Supreme Court of the State of New York · 2018
- People v. PowellAppellate Division of the Supreme Court of the State of New York · 2012
- People v. WhiteAppellate Division of the Supreme Court of the State of New York · 2009
- People v. HowardAppellate Division of the Supreme Court of the State of New York · 2025
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