People v. Francis
Citation | 187 A.D.3d 586,131 N.Y.S.3d 342 |
Decision Date | 20 October 2020 |
Docket Number | Ind. No. 8031C/05,12115,Case No. 2017-2885,642/05 |
Parties | The PEOPLE of the State of New York, Respondent, v. Quindel FRANCIS, Defendant-Appellant. |
Court | New York Supreme Court Appellate Division |
187 A.D.3d 586
131 N.Y.S.3d 342
The PEOPLE of the State of New York, Respondent,
v.
Quindel FRANCIS, Defendant-Appellant.
12115
Ind. No. 8031C/05
642/05
Case No. 2017-2885
Supreme Court, Appellate Division, First Department, New York.
ENTERED: October 20, 2020
Christina Swarns, Office of the Appellate Defender, New York (Stephen R. Strother of counsel), for appellant.
Darcel D. Clark, District Attorney, Bronx (Nicole Neckles of counsel), for respondent.
Kapnick, J.P., Singh, Kennedy, Mendez, JJ.
Judgment, Supreme Court, Bronx County (Denis J. Boyle, J.), rendered February 17, 2010, convicting defendant, after a jury trial, of manslaughter in the first degree and criminal possession of a weapon in the second degree, and sentencing him to an aggregate term of 25 years, unanimously modified, as a matter of discretion in the interest of justice, to reduce the sentence from an aggregate term of imprisonment of 25 years to an aggregate term of imprisonment of 20 years, and otherwise affirmed.
The verdict was not against the weight of the evidence ( People v. Danielson, 9 N.Y.3d 342, 348–349, 849 N.Y.S.2d 480, 880 N.E.2d 1 [2007] ). Moreover, we find that the evidence overwhelmingly disproved defendant's justification defense. There is no basis for disturbing the jury's
credibility determinations. Defendant's claim of justification was based primarily on the implausible account of the incident found in his post-arrest statements, and this account was refuted by eyewitnesses, as well as by medical and ballistics evidence. Dr. James Gill, the medical examiner who performed the autopsy, testified that the victim had been shot twice. One bullet grazed his lower back causing a wound consistent with the victim's back being turned towards the shooter. The other gunshot wound, which resulted in his death, was at the front left of the victim's neck, consistent with the victim being shot from above, as he was looking over his left shoulder. Detective Luis Fontanez testified that the seven shell casings of 9 millimeter bullets recovered from the scene were from...
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