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People v. Payne

Appellate Division of the Supreme Court of New York, Second Department
Jan 16, 2001
279 A.D.2d 537 (N.Y. App. Div. 2001)

Opinion

Argued December 7, 2000.

January 16, 2001.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Rosenzweig, J.), rendered December 4, 1998, convicting him of assault in the third degree and harassment in the second degree, upon a jury verdict, and imposing sentence.

Earl A. Rawlins, New York, N.Y., for appellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Kathleen O'Leary, and Rachel Buchter of counsel), for respondent.

Before: MYRIAM J. ALTMAN, J.P., GLORIA GOLDSTEIN, LEO F. McGINITY, ROBERT W. SCHMIDT, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

Viewing the evidence in the light most favorable to the defendant, the trial court properly denied the defense counsel's request for a justification charge since "no view of the evidence establishes the basic elements of the defense" (People v. Parsons, 270 A.D.2d 504, 505; see, People v. Watts, 57 N.Y.2d 299; see also, People v. Collice, 41 N.Y.2d 906).


Summaries of

People v. Payne

Appellate Division of the Supreme Court of New York, Second Department
Jan 16, 2001
279 A.D.2d 537 (N.Y. App. Div. 2001)
Case details for

People v. Payne

Case Details

Full title:THE PEOPLE, ETC., RESPONDENT, v. CHARLES PAYNE, APPELLANT. (IND. NO…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jan 16, 2001

Citations

279 A.D.2d 537 (N.Y. App. Div. 2001)
718 N.Y.S.2d 880