Legal Opinion

People v. Bowick

Appellate Division of the Supreme Court of the State of New York

Decided March 12, 1993PublishedCited by 1 opinion

1Opinion of the Court

—Judgment unanimously affirmed. Memorandum: Because defendant failed to object to County Court’s charge on the defense of justification, that issue has not been preserved for appellate review (CPL 470.05 [2]; see, People v Harrell, 59 NY2d 620, 622; People v Santiago, 162 AD2d 1021, lv denied 76 NY2d 896). Were we to consider the merits, we would conclude that the court correctly and repeatedly instructed the jury that the People had the burden of disproving justification beyond a reasonable doubt (see, Penal Law § 25.00 [1]; § 35.00 et seq.). Moreover, the court properly instructed the jury…

2Cases cited5 opinions

  1. People v. HarrellNew York Court of Appeals · 1983
  2. People v. EstelaAppellate Division of the Supreme Court of the State of New York · 1991
  3. People v. HillAppellate Division of the Supreme Court of the State of New York · 1989
  4. People v. BrownAppellate Division of the Supreme Court of the State of New York · 1991
  5. People v. SantiagoAppellate Division of the Supreme Court of the State of New York · 1990

3Cited by1 opinion

  1. People v. BrownAppellate Division of the Supreme Court of the State of New York · 1994

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API