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People v. Lopez

231 A.D.2d 740 Court N.Y. App. Div. Decision date 1996-09-30 English

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p. 740
The People of the State of New York, Respondent, v William Lopez, Appellant.
[647 NYS2d 983]

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Brill, J.), rendered March 14, 1995, convicting him of assault in the first degree and criminal possession of a weapon in the fourth degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Viewing the evidence in the light most favorable to the People (see, People v Contes, 60 NY2d 620 ), we find that it was legally sufficient to establish the defendant’s guilt beyond a reasonable doubt (see, People v Cuba, 154 AD2d 703 , 704), including disproving his defense of justification beyond a reasonable doubt (see, People v McManus, 67 NY2d 541 , 543; People v Cosby, 200 AD2d 682 , 683). Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (CPL 470.15 [5]).

The defendant’s remaining contention is unpreserved for appellate review (see, CPL 470.05 [2]), and in any event, is without merit. Sullivan, J. P., Pizzuto, Santucci and Hart, JJ., concur.

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