Legal Opinion

People v. Hayes

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

Decided March 23, 1998PublishedCited by 7 opinions

1Opinion of the Court

—Appeal by the defendant from a judgment of the County Court, Westchester County (Murphy, J.), rendered October 18, 1995, convicting him of murder in the second 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’s contention that the People failed to disprove his justification defense beyond a reasonable doubt is unpreserved for appellate review (see, CPL 470.05 [2]; People v Candelaria, 206 AD2d 385), and, in any event, is without merit. It is well established that justification is…

2Cases cited8 opinions

  1. People v. ContesNew York Court of Appeals · 1983
  2. People v. SuitteAppellate Division of the Supreme Court of the State of New York · 1982
  3. People v. GoetzNew York Court of Appeals · 1986
  4. People v. CandelariaAppellate Division of the Supreme Court of the State of New York · 1994
  5. People v. DouglasAppellate Division of the Supreme Court of the State of New York · 1990

3 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. People v. SuphalAppellate Division of the Supreme Court of the State of New York · 2004
  2. People v. GreyAppellate Division of the Supreme Court of the State of New York · 2001
  3. People v. RamirezAppellate Division of the Supreme Court of the State of New York · 2000
  4. Davis v. StrackDistrict Court, S.D. New York · 2000
  5. People v. BarlingAppellate Division of the Supreme Court of the State of New York · 2000

2 more not listed; retrieve them via the Exa API.

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