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PEOPLE v. AGUABVIVA

289 A.D.2d 79 (2001)

734 N.Y.S.2d 146

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSE MANUEL AGUABVIVA, Appellant.

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

Decided December 13, 2001.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence. The defense of justification was disproven beyond a reasonable doubt. While defendant, in his statements to the police, asserted that he stabbed the victim as a result of his belief that the victim was about to assault him with a knife, there was no evidence that such a belief was reasonable (see, People v Goetz, 68 N.Y.2d 96). According...

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