Court of Appeals of New York

Conviction and sentence for assault in the first degree and criminal possession of a weapon in the fourth degree are affirmed over claims that the Appellate Division erred in: 1) applying the incorrect legal standard in determining that the verdict was not against the weight of the evidence; and 2) not reversing his conviction as the trial court improperly shifted to defendant the burden of proving justification, failed to view the evidence of justification in the light most favorable to defendant, and applied the wrong legal standard regarding the amount of force one can use for justification purposes.

Appellate Information

• Decided 11/15/2007
• Published 11/15/2007

Judges

Court

• Court of Appeals of New York

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