People v Ramirez (Maritza)

[*1] People v Ramirez (Maritza) 2007 NY Slip Op 50347(U) [14 Misc 3d 140(A)] Decided on March 5, 2007 Appellate Term, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on March 5, 2007
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKeon, P.J., McCooe, Klein Heitler, JJ
570038/05.

The People of the State of New York, Respondent,

against

Maritza Ramirez, Defendant-Appellant.

Defendant appeals from a judgment of the Criminal Court of the City of New York, Bronx County (Diane Kiesel, J.), rendered November 23, 2004, after a nonjury trial, convicting her of attempted assault in the third degree, attempted criminal possession of a weapon in the fourth degree, harassment in the second degree, and imposing sentence.

PER CURIAM:

Judgment of conviction (Diane Kiesel, J.), rendered November 23, 2004, affirmed.

Defendant's contention that the People failed to disprove her justification defense beyond a reasonable doubt is unpreserved for appellate review (see People v Gray, 86 NY2d 10 [1995]) and, in any event, is lacking in merit. The People negated the essential elements of the justification defense through evidence, inter alia, that defendant struck the complainant in the back of the head with a bottle while the complainant was facing away from her, not "looking". Upon an independent review of the facts, we find that the conviction was not against the weight of the evidence.

The trial court's decision to preclude a defense witness was not an improvident exercise of discretion (see People v Aska, 91 NY2d 979 [1998]).
This constitutes the decision and order of the court. [*2]
Decision Date: March 5, 2007