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. RUBEN HERNANDEZ, Appellant.

According to his own testimony, after observing an interfamily fight, in which he was not personally involved, defendant shot one of the participants in the back, claiming to have done so in defense of a third party, upon whom the victim purportedly was advancing swinging a baseball bat. Viewing the evidence in a light most favorable to the People and giving due deference to the jury's findings of credibility, under the standards set forth in People v Bleakley ( 69 N.Y.2d 490, 495), defendant's guilt was proved beyond a reasonable doubt by overwhelming evidence. The jury was free to reject defendant's self-serving testimony. We find no error in the court's justification instruction (see, People v Wesley, 76 N.Y.2d 555; People v Goetz, 68 N.Y.2d 96, 114-115). Defendant's remaining contentions are unpreserved or meritless.

Concur — Sullivan, J.P., Carro, Ellerin and Rubin, JJ.

Use AI to get other relevant cases.

Comments

PEOPLE v. HERNANDEZ
(Apr 8, 1993)