New York Supreme and/or Appellate Courts Appellate Division, First Department
May 14, 2013
THE PEOPLE OF THE STATE OF NEW YORK, IND. RESPONDENT,
PAUL PACHECO, DEFENDANT-APPELLANT.
People v Pacheco
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Decided on May 14, 2013
Friedman, J.P., Richter, Feinman, Gische, Clark, JJ.
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 two to four years, respectively, unanimously affirmed.
The verdict was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348-349 ). 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.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
ENTERED: MAY 14, 2013
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