Legal Opinion

People v. Martinez

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

Decided April 18, 1994Published

1Opinion of the Court

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Lipp, J.), rendered June 5, 1991, convicting him of criminal trespass in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant contends that the trial court erred in failing to instruct the jury on the defense of justification. However, the defense counsel never requested such a charge. Therefore, the issue is not preserved for appellate review. Under the facts and circumstances of this case, we decline to exercise our interest of justice jurisdiction to…

2Cases cited3 opinions

  1. People v. EdwardsAppellate Division of the Supreme Court of the State of New York · 1991
  2. People v. FalcoAppellate Division of the Supreme Court of the State of New York · 1987
  3. People v. HodneAppellate Division of the Supreme Court of the State of New York · 1993

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