Legal Opinion

People v. Candelaria

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

Decided July 5, 1994PublishedCited by 15 opinions

1Opinion of the Court

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Pincus, J.), rendered July 17, 1991, convicting him of manslaughter in the first degree and criminal possession of a weapon in the second 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]) and, in any event, without merit. It is well established that justification is not a defense to the use of deadly physical…

2Cases cited6 opinions

  1. People v. ContesNew York Court of Appeals · 1983
  2. People v. GoetzNew York Court of Appeals · 1986
  3. People v. DouglasAppellate Division of the Supreme Court of the State of New York · 1990
  4. People v. RichardsonAppellate Division of the Supreme Court of the State of New York · 1989
  5. People v. FousseAppellate Division of the Supreme Court of the State of New York · 1990

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

3Cited by15 opinions

  1. People v. HallAppellate Division of the Supreme Court of the State of New York · 1995
  2. People v. OjarAppellate Division of the Supreme Court of the State of New York · 2007
  3. People v. SuphalAppellate Division of the Supreme Court of the State of New York · 2004
  4. People v. BoyleAppellate Division of the Supreme Court of the State of New York · 2001
  5. People v. SnellAppellate Division of the Supreme Court of the State of New York · 1998

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

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