Legal Opinion

People v. Morales

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

Decided October 12, 2004PublishedCited by 2 opinions

1Opinion of the Court

Judgment, Supreme Court, Bronx County (Megan Tallmer, J.), rendered June 17, 2002, convicting defendant, after a jury trial, of murder in the second degree and criminal possession of a weapon in the second degree, and sentencing him to concurrent terms of 25 years to life and 5 to 15 years, respectively, unanimously affirmed.

The court properly declined to charge justification since there was no reasonable view of the evidence, when viewed most favorably to defendant, to support such a defense. Even under defendant’s version of the facts, he was clearly the initial aggressor when he pointed a…

2Cases cited5 opinions

  1. People v. GoetzNew York Court of Appeals · 1986
  2. People v. MagliatoNew York Court of Appeals · 1986
  3. People v. RossAppellate Division of the Supreme Court of the State of New York · 1993
  4. People v. CasadoAppellate Division of the Supreme Court of the State of New York · 1991
  5. People v. VarelaAppellate Division of the Supreme Court of the State of New York · 2000

3Cited by2 opinions

  1. Bonilla v. LeeDistrict Court, S.D. New York · 2014
  2. People v. WeirAppellate Division of the Supreme Court of the State of New York · 2005

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