People v. Wilson
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Judgment unanimously affirmed. Memorandum: Defendant’s claim of entitlement to a charge on the defense of justification has not been preserved for our review because he did not request that charge nor did he except to the court’s charge as given (see, People v Pagan, 162 AD2d 999). Moreover, defendant was not entitled to a justification charge because the proof at trial did not adequately raise that issue as a question of fact for the jury (People v Watts, 57 NY2d 299, 301).
Defendant failed to preserve for our review his claim that the court’s charge on identification was not sufficiently…
2Cases cited10 opinions
- Brady v. MarylandSupreme Court of the United States · 1963
- People v. BleakleyNew York Court of Appeals · 1987
- People v. RosarioNew York Court of Appeals · 1961
- People v. WhalenNew York Court of Appeals · 1983
- People v. WattsNew York Court of Appeals · 1982
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3Cited by6 opinions
- People v. DuffyAppellate Division of the Supreme Court of the State of New York · 1992
- People v. SteeleAppellate Division of the Supreme Court of the State of New York · 1990
- People v. EldridgeAppellate Division of the Supreme Court of the State of New York · 1995
- People v. TillmanAppellate Division of the Supreme Court of the State of New York · 1999
- People v. ColdironAppellate Division of the Supreme Court of the State of New York · 2008
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