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People v. Joe Seals

Appellate Division of the Supreme Court of New York, Second Department
Nov 3, 2010
909 N.Y.S.2d 653 (N.Y. App. Div. 2010)

Opinion

No. 2008-11036.

November 3, 2010.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Firetog, J.), rendered November 13, 2008, convicting him of manslaughter in the second degree and criminal possession of a weapon in the second degree, after a nonjury trial, and imposing sentence.

Lynn W. L. Fahey, New York, N.Y. (Jonathan Garvin of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Anthea H. Bruffee, and Dechert LLP [Patrick G. Broderick], of counsel), for respondent.

Before: Mastro, J.P., Leventhal, Hall and Lott, JJ.


Ordered that the judgment is affirmed.

Viewing the evidence in the light most favorable to the prosecution ( see People v Contes, 60 NY2d 620, 621), we find that it was legally sufficient to disprove the defendant's justification defense beyond a reasonable doubt ( see Penal Law § 35.15; People v Acquista, 41 AD3d 491, 492; People v Glod, 234 AD2d 384; People v Berk, 217 AD2d 941, 942-943, aff'd 88 NY2d 257, cert denied 519 US 859).

Moreover, in fulfilling our responsibility to conduct an independent review of the weight of the evidence ( see CPL 470.15; People v Danielson, 9 NY3d 342), we nevertheless accord great deference to the factfinder's opportunity to view the witnesses, hear the testimony, and observe demeanor ( see People v Mateo, 2 NY3d 383, 410, cert denied 542 US 946; People v Bleakley, 69 NY2d 490, 495). Upon reviewing the record here, we are satisfied that the verdict of guilt was not against the weight of the evidence ( see People v Romero, 7 NY3d 633).

The sentence imposed was not excessive ( see People v Suitte, 90 AD2d 80).


Summaries of

People v. Joe Seals

Appellate Division of the Supreme Court of New York, Second Department
Nov 3, 2010
909 N.Y.S.2d 653 (N.Y. App. Div. 2010)
Case details for

People v. Joe Seals

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOE SEALS, Appellant

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

Date published: Nov 3, 2010

Citations

909 N.Y.S.2d 653 (N.Y. App. Div. 2010)
78 A.D.3d 742
2010 N.Y. Slip Op. 7976

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