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People v. Riley

Appellate Division of the Supreme Court of New York, Second Department
Jan 24, 1994
200 A.D.2d 692 (N.Y. App. Div. 1994)

Opinion

January 24, 1994

Appeal from the Supreme Court, Kings County (Owens, J.).


Ordered that the judgment is affirmed.

The defendant's contention that the trial court's charge with respect to the justification defense was improper because it did not require the jury to consider the circumstances confronting him from his perspective is unpreserved for appellate review since he failed to object to the charge on this ground, and failed to request supplemental instructions regarding the defendant's reasonable belief about his circumstances (see, People v. Noor, 177 A.D.2d 517).

In any event, while we agree that the charge fell short of the blend of objective and subjective criteria described in People v Goetz ( 68 N.Y.2d 96), and People v. Wesley ( 76 N.Y.2d 555), under the circumstances of this case the error was harmless.

The sentence imposed was neither harsh nor excessive (see, People v. Suitte, 90 A.D.2d 80).

The defendant's remaining contentions are either unpreserved for appellate review or without merit. Mangano, P.J., O'Brien, Pizzuto and Santucci, JJ., concur.


Summaries of

People v. Riley

Appellate Division of the Supreme Court of New York, Second Department
Jan 24, 1994
200 A.D.2d 692 (N.Y. App. Div. 1994)
Case details for

People v. Riley

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. NORMAN WASHINGTON…

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

Date published: Jan 24, 1994

Citations

200 A.D.2d 692 (N.Y. App. Div. 1994)
608 N.Y.S.2d 860

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