LAW.coLAW.co

The People of the State of New York, Respondent, v. Paul Pacheco, Appellant

New York Supreme Court, Appellate Division2013-05-14
106 A.D.3d 485964 N.Y.S.2d 526

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority opinion

—Judgment, Supreme Court, New York County (Laura A. Ward, J), rendered October 21, 2011, convicting defendant, after a jury trial, of assault in the second degree and criminal possession of a weapon in the third degree, and sentencing him, as a second felony offender, to concurrent terms of three years, and 2 to 4 years, respectively, unanimously affirmed.

The verdict was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348-349 [2007]). The evidence disproved defendant’s justification defense beyond a reasonable doubt. There is no basis for disturbing the jury’s credibility determinations. The testimony of a disinterested eyewitness generally corroborated the victim’s account of the incident. Concur—Friedman, J.P., Richter, Feinman, Gische and Clark, JJ.