People v. Morales
Appellate Division of the Supreme Court of the State of New York
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
- People v. GoetzNew York Court of Appeals · 1986
- People v. MagliatoNew York Court of Appeals · 1986
- People v. RossAppellate Division of the Supreme Court of the State of New York · 1993
- People v. CasadoAppellate Division of the Supreme Court of the State of New York · 1991
- People v. VarelaAppellate Division of the Supreme Court of the State of New York · 2000
3Cited by2 opinions
- Bonilla v. LeeDistrict Court, S.D. New York · 2014
- People v. WeirAppellate Division of the Supreme Court of the State of New York · 2005