People v. Croskery

—Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him of attempted murder in the second degree (Penal Law §§ 110.00, 125.25 [1]), rape in the first degree (Penal Law § 130.35 [1]), assault in the first degree (Penal Law § 120.10 [1]), burglary in the first degree (Penal Law § 140.30 [2]) and criminal possession of a weapon in the fourth degree (Penal Law § 265.01 [1]). We reject defendant’s contention that County Court was required to instruct the jury on the “theory of the defense”. Such a charge, while often appropriate, is not required. A court is…