PEOPLE v. STEWART


81 N.Y.2d 877 (1993)

The People of the State of New York, Respondent, v. Berthel Stewart, Appellant.

Court of Appeals of the State of New York.

Decided March 30, 1993.


Attorney(s) appearing for the Case

Martin Geoffrey Goldberg, Franklin Square, for appellant.

Charles J. Hynes, District Attorney of Kings County, Brooklyn (Jonathan Frank and Roseann B. MacKechnie of counsel), for respondent.

Chief Judge KAYE and Judges SIMONS, TITONE, HANCOCK, JR., BELLACOSA and SMITH concur.


MEMORANDUM.

The order of the Appellate Division should be affirmed.

Defendant was convicted, after a jury trial, of criminal possession of a weapon in the second and third degrees and assault in the second and third degrees. The evidence was that the defendant argued with his neighbor about defendant's dog and then shot his neighbor. The jury disbelieved the defense of alibi.

We conclude that neither issue...

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