Legal Opinion

People v. Brown

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

Decided May 23, 1994Published

1Opinion of the Court

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Koch, J.), rendered April 13, 1992, convicting him of manslaughter in the first degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s contention that the People failed to disprove his justification defense beyond a reasonable doubt is unpreserved for appellate review (see, CPL 470.05 [2]) and, in *654any event, without merit. It is well established that justification is not a defense to the use of deadly physical force unless the actor reasonably believes that another…

2Cases cited7 opinions

  1. People v. ContesNew York Court of Appeals · 1983
  2. People v. . GaimariNew York Court of Appeals · 1903
  3. People v. GarafoloAppellate Division of the Supreme Court of the State of New York · 1974
  4. People v. GoetzNew York Court of Appeals · 1986
  5. People v. RichardsonAppellate Division of the Supreme Court of the State of New York · 1989

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