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People v. Pacheco

Supreme Court of New York, First Department

May 14, 2013

The People of the State of New York, Ind. Respondent,
v.
Paul Pacheco, Defendant-Appellant.

Center for Appellate Litigation, New York (Robert S. Dean of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (Beth Fisch Cohen of counsel), for respondent.

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 N.Y.3d 342, 348-349 [2007]). 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.


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