The verdict was based on legally sufficient evidence and was not against the weight of the evidence. The evidence disproved defendant's justification defense beyond a reasonable doubt. During a fistfight, defendant cut his opponent with a box cutter at a time when the opponent was unarmed and was giving defendant no reason to believe that he was using or about to use deadly physical force (see Penal Law § 35.15 [2] [a]; People v. Marquez,
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PEOPLE v. GAINES
26 A.D.3d 269 (2006)
812 N.Y.S.2d 11
THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GERALD GAINES, Appellant.
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
February 23, 2006.
February 23, 2006.
Appellate Division of the Supreme Court of the State of New York, First Department.
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