Legal Opinion
People v. Almonte
Appellate Division of the Supreme Court of the State of New York
Decided May 11, 2004PublishedCited by 12 opinions
1Opinion of the Court
Judgment, Supreme Court, New York County (Daniel P FitzGerald, J.), rendered October 4, 2001, convicting defendant, after a jury trial, of assault in the first degree, and sentencing him to a term of six years, unanimously affirmed.
The verdict was based on legally sufficient evidence and was not against the weight of the evidence. There is no basis for disturbing the jury’s determinations concerning credibility (see People v Gaimari, 176 NY 84, 94 [1903]).
The credible evidence disproved defendant’s justification defense beyond a reasonable doubt. Contrary to defendant’s *325argument, the…
2Cases cited5 opinions
- People v. . GaimariNew York Court of Appeals · 1903
- People v. SteinbergNew York Court of Appeals · 1992
- People v. GordonAppellate Division of the Supreme Court of the State of New York · 1999
- People v. FullardAppellate Division of the Supreme Court of the State of New York · 1996
- People v. RodriguezAppellate Division of the Supreme Court of the State of New York · 2003
3Cited by12 opinions
- State of Tennessee v. Michael Farmer and Anthony ClarkTennessee Supreme Court · 2012
- People v. GoleyAppellate Division of the Supreme Court of the State of New York · 2014
- People v. RudenkoAppellate Division of the Supreme Court of the State of New York · 2017
- People v. WilliamsAppellate Division of the Supreme Court of the State of New York · 2015
- People v. WrightAppellate Division of the Supreme Court of the State of New York · 2007
7 more not listed; retrieve them via the Exa API.