PEOPLE v. COLON


267 A.D.2d 125 (1999)

701 N.Y.S.2d 10

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RIVAS COLON, Appellant.

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

Decided December 16, 1999.


The verdict rejecting defendant's justification defense was not against the weight of the evidence. We see no reason to disturb the jury's determinations concerning credibility. The jury reasonably determined, based on the testimony of the prosecution witnesses, that the victim did not present an imminent threat of deadly physical force.

Contrary to defendant's argument, we conclude, upon review of the trial record as a whole, that the court's charge could not have...

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