Torts · MBE-tested

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

106 A.D.3d 485964 N.Y.S.2d 526·New York Supreme Court, Appellate Division·2013·NY

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Opinion

The People of the State of New York, Respondent, v Paul Pacheco, Appellant. [964 NYS2d 526] [MAJORITY] —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 2 to 4 years, respectively, unanimously affirmed. The verdict was not against the weight of the evidence (see People v Danielson, 9 NY3d 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. Concur—Friedman, J.P., Richter, Feinman, Gische and Clark, JJ.