People v. West
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Judgment unanimously affirmed. Memorandum: Defendant’s contention that County Court erroneously instructed the jury on the defense of justification has not been preserved for our review (see, CPL 470.05 [2]; People v McCray, 149 AD2d 736, lv denied 74 NY2d 743). In any event, the justification charge as given was proper. *1088The verdict finding defendant guilty of felony murder (Penal Law § 125.25 [3]) and attempted robbery in the first degree (Penal Law §§ 110.00, 160.15 [2]) is not contrary to the weight of the evidence (see, People v Bleakley, 69 NY2d 490, 495). Die sentence is not unduly…
2Cases cited2 opinions
- People v. BleakleyNew York Court of Appeals · 1987
- People v. McCrayAppellate Division of the Supreme Court of the State of New York · 1989
3Cited by1 opinion
- People v. WalkerAppellate Division of the Supreme Court of the State of New York · 2000