People v. Rainey

Motion granted and appeal dismissed. Although Appellate Division order recites that its reversal was on the law and that findings of fact were affirmed, the order must be read in conjunc*749tion with the opinion of that court (Code Crim. Pro., § 543-a; People v. De Courcy, 8 N Y 2d 192, 196; Cohen and Karger, Powers of the New York Court of Appeals, pp. 536, 763-764). Since no exception to the trial court’s charge on self-defense was taken by defense counsel at the trial, no question of law on propriety of charge was presented to Appellate Division (Code Crim. Pro., § 420-a; People v. Rossi, 11 N…