People v. Nickles

Judgment affirmed. Memorandum: On the appeal of his conviction for assault, first degree, and criminal possession of a weapon, fourth degree (Penal Law, § 120.10, subd 1; § 265.01, subd [2]), defendant contends that the trial court erred in refusing to instruct the jury that if the defendant should be found not guilty by reason of insanity he would not "walk out a free man but, [would] be confined to a mental institution.” Defendant had inflicted a massive injury on the man whom he believed to be his former wife’s lover, by firing a shotgun, at point blank range, into the man’s leg. The three…