People v. Feuer

Smith, J.P.,

dissents and votes to affirm the judgment, with the following memorandum, in which Adams, J., concurs: As the issue of the adequacy of the jury instructions on the issue of justification was not preserved for appellate review, I would affirm.

The trial court clearly and unequivocally instructed the jurors that if they found that the prosecution proved each and every element of “one or more of the counts” of the indictment beyond a reasonable doubt, then they were to consider the defense of justification, or self-defense. The trial court further instructed the jury that, if it found…