PEOPLE v. CENTENO


291 A.D.2d 265 (2002)

737 N.Y.S.2d 281

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAVIER CENTENO, Appellant.

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

Decided February 14, 2002.


The verdict was based on legally sufficient evidence and was not against the weight of the evidence. The People disproved defendant's justification defense beyond a reasonable doubt. The evidence established, regardless of whether defendant was initially justified in using deadly physical force, such justification no longer existed when defendant shot his victims while they were unarmed and on the ground (see, People v Grey, 282 A.D.2d 544

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