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 OF THE STATE OF NEW YORK, RESPONDENT, v. JAVIER CENTENO, DEFENDANT-APPELLANT.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence. The People disproved defendant's justification defense beyond a reasonable doubt. The evidence established, regardless of whether defendant was initially justified in using deadly physical force, such justification no longer existed when defendant shot his victims while they were unarmed and on the ground (see, People v. Grey, 282 A.D.2d 544; People v. Colecchia, 251 A.D.2d 5,lv denied 92 N.Y.2d 895; People v. Cox, 203 A.D.2d 7, lv denied 83 N.Y.2d 1003).

We perceive no basis for a reduction of sentence.

Defendant's remaining contentions are unpreserved and we decline to review them in the interest of justice. Were we to review these claims, we would reject them.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

Use AI to get other relevant cases.

Comments

PEOPLE v. CENTENO
(Feb 14, 2002)