AMICUS AI
Citation Codes
Equivalent Citations
citation codes
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

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. NOEL BARNETT, Appellant.

Ordered that the judgment is affirmed.

The defendant has failed to preserve for appellate review the issue of whether the People disproved his justification defense beyond a reasonable doubt (see, CPL 470.05; People v Bynum, 70 N.Y.2d 858; People v. Lemaire, 187 A.D.2d 532; People v Udzinski, 146 A.D.2d 245, 248-252). In any event, the evidence adduced at trial amply supported a finding that the defendant was the initial aggressor in the incident, thus negating his justification defense (see, Penal Law § 35.15; People v Gopaul, 171 A.D.2d 754).

Viewing the evidence in a light most favorable to the People (see, People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict was not against the weight of the evidence (see, CPL 470.15). Mangano, P.J., Balletta, Rosenblatt and Ritter, JJ., concur.

Use AI to get other relevant cases.

Comments

PEOPLE v. BARNETT
(Oct 25, 1993)