Legal Opinion

People v. Street

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

Decided July 2, 1990PublishedCited by 1 opinion

1Opinion of the Court

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Cohen, J.), rendered February 3, 1988, convicting him of manslaughter in the first degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Viewing the evidence in the light most favorable to the People (see, People v Contes, 60 NY2d 620, 621), we find that the People disproved the defense of justification beyond a reasonable doubt (see, People v Reed, 40 NY2d 204). At trial, the defendant contended that the victim had attacked him by hitting him in the head with a hammer. However, the…

2Cases cited5 opinions

  1. People v. ContesNew York Court of Appeals · 1983
  2. People v. . GaimariNew York Court of Appeals · 1903
  3. People v. GarafoloAppellate Division of the Supreme Court of the State of New York · 1974
  4. People v. ReedNew York Court of Appeals · 1976
  5. People v. MartinezAppellate Division of the Supreme Court of the State of New York · 1989

3Cited by1 opinion

  1. People v. JonesAppellate Division of the Supreme Court of the State of New York · 1991

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