Legal Opinion

People v. Bernard

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

Decided December 18, 1995PublishedCited by 6 opinions

1Opinion of the Court

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Kay, J.), rendered July 16, 1993, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant contends that the trial court’s charge on the defense of justification was misleading because the objective portion of the charge failed to instruct the jurors that they should put themselves in his shoes and consider the circumstances as they appeared to him. This claim of error is unpreserved for appellate review (see, CPL 470.05 [2]; People…

2Cases cited6 opinions

  1. People v. SuitteAppellate Division of the Supreme Court of the State of New York · 1982
  2. People v. WesleyNew York Court of Appeals · 1990
  3. People v. De SarnoAppellate Division of the Supreme Court of the State of New York · 1986
  4. People v. NoorAppellate Division of the Supreme Court of the State of New York · 1991
  5. People v. MartinAppellate Division of the Supreme Court of the State of New York · 1990

1 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. People v. TownsleyAppellate Division of the Supreme Court of the State of New York · 1997
  2. People v. BrownAppellate Division of the Supreme Court of the State of New York · 1998
  3. People v. SantosAppellate Division of the Supreme Court of the State of New York · 2001
  4. People v. RiversNew York Supreme Court · 2002
  5. People v. WrightAppellate Division of the Supreme Court of the State of New York · 2002

1 more not listed; retrieve them via the Exa API.

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