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People v. Jackson

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 7, 1997
236 A.D.2d 821 (N.Y. App. Div. 1997)

Opinion

February 7, 1997.

Judgment unanimously affirmed.

Present — Green, J.P., Pine, Callahan, Balio and Boehm, JJ.


After a jury trial, defendant was found guilty of assault in the second degree (Penal Law § 120.05) and assault in the third degree (Penal Law § 120.00). The sole contention of defendant on appeal is that County Court erred in denying his request to charge the defense of justification ( see, Penal Law § 35.15). Viewing the evidence in the light most favorable to defendant ( see, People v Reynoso, 73 NY2d 816), we conclude that the court properly declined to charge justification. "[W]hen no reasonable view of the evidence would support a finding of the tendered defense, the court is under no obligation to submit the question to the jury" ( People v Watts, 57 NY2d 299, 301; see, People v Collice, 41 NY2d 906). (Appeal from Judgment of Chautauqua County Court, Ward, J. — Assault, 2nd Degree.)


Summaries of

People v. Jackson

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 7, 1997
236 A.D.2d 821 (N.Y. App. Div. 1997)
Case details for

People v. Jackson

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK:, Respondent, v. TONY E. JACKSON…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Feb 7, 1997

Citations

236 A.D.2d 821 (N.Y. App. Div. 1997)
653 N.Y.S.2d 885

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