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People v. Weir

Appellate Division of the Supreme Court of New York, First Department
Jan 27, 2005
14 A.D.3d 447 (N.Y. App. Div. 2005)

Opinion

5194

January 27, 2005.

Judgment, Supreme Court, New York County (Bonnie Wittner, J.), rendered February 21, 2003, convicting defendant, after a jury trial, of assault in the second degree, criminal possession of a weapon in the third degree and petit larceny, and sentencing him, as a second violent felony offender, to concurrent terms of 6 years, 3 to 6 years and 1 year, respectively, unanimously affirmed.

Before: Buckley, P.J., Mazzarelli, Sullivan, Williams and Gonzalez, JJ.


The court properly declined to charge justification since there was no reasonable view of the evidence, viewed in the light most favorable to defendant, that when he used a knife against unarmed store security guards, he reasonably believed the guards were using or about to use deadly force against him ( see People v. Morales, 11 AD3d 259). There was also no reasonable view of the evidence that defendant used anything other than deadly physical force.


Summaries of

People v. Weir

Appellate Division of the Supreme Court of New York, First Department
Jan 27, 2005
14 A.D.3d 447 (N.Y. App. Div. 2005)
Case details for

People v. Weir

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RICHARD WEIR, Appellant

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

Date published: Jan 27, 2005

Citations

14 A.D.3d 447 (N.Y. App. Div. 2005)
788 N.Y.S.2d 368

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