People v. Davis

Appellate Division of the Supreme Court of the State of New York

Decided February 1, 1991

Appellate Division of the Supreme Court of the State of New York · decided 1991-02-01

Cited by 2 later decisions — most recently September 2000

1 state decisions

Key passage — most relied on by later courts

“Judgment unanimously affirmed. Memorandum: We find no merit to defendant’s contention that the People failed to disprove his justification defense beyond a reasonable doubt (see, Penal Law § 35.15[2][a]); People v. Goetz, 68 N.Y.2d 96, 114-115 , 506 N.Y.S.2d 18 , 497 N.E.2d 41 , cert. denied, 489 U.S. 1053 , 109 S.Ct. 1315 , 103 L.Ed.2d 584 (1989). Based on the proof with respect to- each victim, the jury was permitted to find that defendant was not entitled to use deadly force against either (see, People v. Troche, 147 A.D.2d 513, 514 , 537 N.Y.S.2d 602 , lv. denied, 73 N.Y.2d 1022 , 541 N.Y.S.2d 777 , 539 N.E.2d 605 ). We have examined defendant's remaining contentions and likewise find them lacking in merit.”

quoted by 1 later decision, including 2 F. Supp. 2d 362 - Davis v. Kelly

Good law ✅— No negative treatment on recordhow we know

Decided 1991-02-01

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¶1Judgment unanimously affirmed. Memorandum: We find no merit to defendant’s contention that the People failed to disprove his justification defense beyond a reasonable doubt (see, Penal Law § 35.15 [2] [a]; People v Goetz, 68 NY2d 96, 114-115). Based on the proof with respect to each victim, the jury was permitted to find that defendant was not entitled to use deadly force against either (see, People v Troche, 147 AD2d 513, 514, Iv denied 73 NY2d 1022).

¶2We have examined defendant’s remaining contentions and likewise find them lacking in merit. (Appeal from Judgment of Supreme Court, Erie County, Kubiniec, J.—Murder, 2nd Degree.) Present—Callahan, J. P., Doerr, Boomer, Pine and Balio, JJ.