People v Cadichon (Marie)

[*1] People v Cadichon (Marie) 2004 NY Slip Op 51555(U) Decided on December 9, 2004 Appellate Term, Second 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 December 9, 2004
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS
PRESENT: PESCE, P.J., ARONIN and PATTERSON, JJ.
2003-5 K CR

THE PEOPLE OF THE STATE OF NEW YORK, Respondent,

against

MARIE CADICHON, Appellant.

Appeal by defendant from a judgment of the Criminal Court, Kings County

(T. Farber, J.), rendered on December 13, 2002, convicting her, after a jury trial, of obstructing governmental administration in the second degree (Penal Law § 195.05) and imposing sentence.

Judgment of conviction unanimously affirmed.

In our opinion, the trial court did not err in refusing to instruct the jury on the defense of justification (Penal Law § 35.15 [1]). In assessing the record in the light most favorable to the defendant (see People v Magliato, 68 NY2d 24, 29 [1986]), we find no reasonable view of the evidence to support the defendant's contention that she reasonably believed that the use of physical force was necessary to defend her sister from the police officer's use of physical force (cf. Penal Law § 35.27; People v England, 191 AD2d 706 [1993]).
Decision Date: December 09, 2004