PEOPLE v. ORTIZ


205 A.D.2d 325 (1994)

613 N.Y.S.2d 20

The People of the State of New York, Respondent, v. Juan Ortiz, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

June 7, 1994


The verdict was neither based on insufficient evidence nor was it against the weight of the evidence (People v Bleakley, 69 N.Y.2d 490). The People established beyond a reasonable doubt that defendant and his cohorts were the initial aggressors in this gunfight (Penal Law § 35.15 [1] [b]), notwithstanding the absence of evidence that defendant fired the first shot (People v Filippelli, 173 N.Y. 509, 518).

Defendant...

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