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People v. Wegman

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 18, 1999
262 A.D.2d 1011 (N.Y. App. Div. 1999)

Opinion

June 18, 1999

Appeal from Judgment of Monroe County Court, Egan, J. — Assault, 1st Degree.

PRESENT: GREEN, J. P., LAWTON, WISNER, HURLBUTT AND CALLAHAN, JJ.


Judgment unanimously affirmed. Memorandum: We reject the contention of defendant that County Court erred in denying his request to charge the defense of justification ( see, Penal Law § 35.15). No reasonable view of the evidence would support a finding that defendant's actions were those of a reasonable man acting in self-defense ( see, People v. Jackson, 236 A.D.2d 821, lv denied 91 N.Y.2d 893; People v. Thompson, 224 A.D.2d 950, lv denied 88 N.Y.2d 886; People v. Vitta, 220 A.D.2d 468, 469, lv denied 87 N.Y.2d 852). Additionally, in his pro se supplemental brief, defendant contends that the court erred in failing to charge the defense of intoxication. Because defendant never requested that charge, his contention has not been preserved for our review ( see, CPL 470.05; People v. Clarke, 222 A.D.2d 1035, lv denied 88 N.Y.2d 934). In any event, there is insufficient evidence in the record to support the charge ( see, People v. Hill, 222 A.D.2d 1035 [decided Nov. 13, 1998], lv denied 92 N.Y.2d 1050)

We further conclude that defendant received meaningful representation ( see, People v. Satterfield, 66 N.Y.2d 796, 798-799; People v. Baldi, 54 N.Y.2d 137, 147). We have reviewed the remaining contentions, including those raised in defendant's pro se supplemental brief, and conclude that they are without merit.


Summaries of

People v. Wegman

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 18, 1999
262 A.D.2d 1011 (N.Y. App. Div. 1999)
Case details for

People v. Wegman

Case Details

Full title:PEOPLE OF THE STATE OF NEW YORK, PLAINTIFF-RESPONDENT, v. DONALD WEGMAN…

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

Date published: Jun 18, 1999

Citations

262 A.D.2d 1011 (N.Y. App. Div. 1999)
691 N.Y.S.2d 803