People v. Isidore

Judgment unanimously affirmed. Memorandum: The record does not reveal that the defense of justification was raised upon the trial of the indictment charging defendant with second degree assault (Penal Law § 120.05 [2]). Neither the victim nor defendant testified at trial. In People v Steele (26 NY2d 526, 528), the Court of Appeals stated: "Of course, justification, as an affirmative element, need not be disproved in every case. Ordinarily, the possibility of the defense would not appear until injected by the defendant”. In any event, had defendant sufficiently raised that defense, we would…