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People v. Morales

Appellate Division of the Supreme Court of New York, First Department
Oct 12, 2004
11 A.D.3d 259 (N.Y. App. Div. 2004)

Opinion

4254

October 12, 2004.

Judgment, Supreme Court, Bronx County (Megan Tallmer, J.), rendered June 17, 2002, convicting defendant, after a jury trial, of murder in the second degree and criminal possession of a weapon in the second degree, and sentencing him to concurrent terms of 25 years to life and 5 to 15 years, respectively, unanimously affirmed.

Before: Buckley, P.J., Nardelli, Andrias, Saxe and Lerner, JJ.


The court properly declined to charge justification since there was no reasonable view of the evidence, when viewed most favorably to defendant, to support such a defense. Even under defendant's version of the facts, he was clearly the initial aggressor when he pointed a pistol at his naked, unarmed victim ( see People v. Ross, 197 AD2d 713, 714, lv denied 82 NY2d 902; People v. Casado, 177 AD2d 497, lv denied 79 NY2d 854; see also People v. Magliato, 68 NY2d 24), and the force he used against the victim was clearly unreasonable ( see generally People v. Goetz, 68 NY2d 96).

Were we to find that the court erred in allowing the People to attempt to refresh defendant's recollection with a writing when defendant had not professed a failure of memory, we would find the error to be harmless ( see People v. Varela, 272 AD2d 243, lv denied 95 NY2d 939).


Summaries of

People v. Morales

Appellate Division of the Supreme Court of New York, First Department
Oct 12, 2004
11 A.D.3d 259 (N.Y. App. Div. 2004)
Case details for

People v. Morales

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANTONIO MORALES…

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

Date published: Oct 12, 2004

Citations

11 A.D.3d 259 (N.Y. App. Div. 2004)
782 N.Y.S.2d 437

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