AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

THE PEOPLE, ETC., respondent, v. DAMIEN DAVIS, appellant.

ORDERED that the judgment is affirmed.

The trial court properly refused to charge the defense of justification. No reasonable view of the evidence established the basic elements of that defense (see People v. Butts, 72 N.Y.2d 746). Furthermore, the defendant's claim that his counsel was ineffective because he failed to make a specific argument in support of a justification charge is without merit. A justification defense would have been weak and inconsistent with the facts of the case (see People v. Rhodes, 281 A.D.2d 225). Thus, the defendant did not demonstrate that his counsel failed to provide meaningful representation (see People v. Ford, 86 N.Y.2d 397; People v. Benevento, 91 N.Y.2d 708, 712-713).

The sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80).

SANTUCCI, J.P., FEUERSTEIN, S. MILLER and SCHMIDT, JJ., concur.

Use AI to get other relevant cases.

Comments

PEOPLE v. DAVIS
(Apr 1, 2002)