People v. Cook
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him following a bench trial of murder in the second degree (Penal Law § 125.25 [1]) and sentencing him to an indeterminate term of incarceration of 20 years to life.
*916We reject defendant’s contention that the verdict is against the weight of the evidence on the issue of justification (see, People v Bleakley, 69 NY2d 490, 495). Given the uncontroverted evidence that the victim was unarmed (see, People v Henry, 244 AD2d 424, 425, lv denied 91 NY2d 874), County Court was entitled to reject the claim of…
2Cases cited5 opinions
- People v. BleakleyNew York Court of Appeals · 1987
- People v. HowzeAppellate Division of the Supreme Court of the State of New York · 1997
- People v. WhiteAppellate Division of the Supreme Court of the State of New York · 1990
- People v. FirthAppellate Division of the Supreme Court of the State of New York · 1997
- People v. NarineAppellate Division of the Supreme Court of the State of New York · 1997
3Cited by2 opinions
- People v. WhiteAppellate Division of the Supreme Court of the State of New York · 2017
- People v. KeppenAppellate Division of the Supreme Court of the State of New York · 2001