Legal Opinion

People v. Santos-Mispas

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

Decided March 27, 2007PublishedCited by 8 opinions

1Opinion of the Court

Appeal by the defendant from a judgment of the County Court, Orange County (De Rosa, J.), rendered July 30, 2004, convicting him of assault 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 his justification defense was not disproven beyond a reasonable doubt is unpreserved for appellate review (see CPL 470.05 [2]; People v Gray, 86 NY2d 10, 19 [1995]; People v Johnson, 302 AD2d 539 [2003]). In any event, viewing the evidence in the light most favorable…

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. RomeroNew York Court of Appeals · 2006
  4. People v. GrayNew York Court of Appeals · 1995
  5. People v. NoteyAppellate Division of the Supreme Court of the State of New York · 1980

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

3Cited by8 opinions

  1. People v. GarsonAppellate Division of the Supreme Court of the State of New York · 2010
  2. People v. CampbellAppellate Division of the Supreme Court of the State of New York · 2008
  3. People v. AvilesAppellate Division of the Supreme Court of the State of New York · 2011
  4. People v. AcquistaAppellate Division of the Supreme Court of the State of New York · 2007
  5. People v. BrokenboughAppellate Division of the Supreme Court of the State of New York · 2008

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

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