Legal Opinion

People v. Joseph

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

Decided August 24, 1998PublishedCited by 6 opinions

1Opinion of the Court

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Roman, J.), rendered December 5, 1996, convicting him of assault in the second degree and criminal possession of a weapon in the fourth degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

*530Since the defendant failed to object to the trial court’s justification charge, this issue is unpreserved for appellate review (see, CPL 470.05 [2]; People v Gurganious, 214 AD2d 681). In any event, the court’s charge, which followed the pattern jury instructions almost verbatim (see, 1 CJI[NY]…

2Cases cited4 opinions

  1. People v. GoetzNew York Court of Appeals · 1986
  2. People v. WesleyNew York Court of Appeals · 1990
  3. People v. GurganiousAppellate Division of the Supreme Court of the State of New York · 1995
  4. People v. MartinezAppellate Division of the Supreme Court of the State of New York · 1997

3Cited by6 opinions

  1. People v. BattleAppellate Division of the Supreme Court of the State of New York · 2010
  2. People v. AbreuAppellate Division of the Supreme Court of the State of New York · 2001
  3. People v. HohlAppellate Division of the Supreme Court of the State of New York · 2012
  4. People v. DavisAppellate Division of the Supreme Court of the State of New York · 2019
  5. People v. FeuerAppellate Division of the Supreme Court of the State of New York · 2004

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