People v. Wimberly
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*519Appeal by the defendant from a judgment of the Supreme Court, Kings County (Leventhal, J.), rendered July 14, 2003, convicting her of manslaughter 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.
The defendant’s contention that the prosecution failed to disprove her justification defense beyond a reasonable doubt is unpreserved for appellate review (see CPL 470.05 [2]; People v Gray, 86 NY2d 10, 19 [1995]) and, in any event, is without merit. Justification is not a defense to the use…
2Cases cited7 opinions
- People v. BleakleyNew York Court of Appeals · 1987
- People v. GrayNew York Court of Appeals · 1995
- People v. GoetzNew York Court of Appeals · 1986
- People v. HernandezNew York Court of Appeals · 2002
- People v. AikenNew York Court of Appeals · 2005
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