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People v. Khan

Court of Appeals of the State of New York
Nov 11, 1986
68 N.Y.2d 921 (N.Y. 1986)

Opinion

Argued October 7, 1986

Decided November 11, 1986

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, Raymond Harrington, J.

Denis Dillon, District Attorney (Lawrence J. Schwartz and Anthony J. Girese of counsel), for appellant.

David J. Wukitsch for respondent.


MEMORANDUM.

The order of the Appellate Division should be affirmed.

Defendant's request for a justification charge, though made after summations and the court's initial charge, neither of which referred to that defense, was timely (CPL 300.10). The court's denial of the request was improper even though the act upon which the defense is based was not intentional (see, People v McManus, 67 N.Y.2d 541; People v Padgett, 60 N.Y.2d 142; People v Huntley, 87 A.D.2d 488, affd 59 N.Y.2d 868).

Chief Judge WACHTLER and Judges MEYER, KAYE, ALEXANDER, TITONE and HANCOCK, JR., concur; Judge SIMONS taking no part.

Order affirmed in a memorandum.


Summaries of

People v. Khan

Court of Appeals of the State of New York
Nov 11, 1986
68 N.Y.2d 921 (N.Y. 1986)
Case details for

People v. Khan

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. CAPERAHIM KHAN…

Court:Court of Appeals of the State of New York

Date published: Nov 11, 1986

Citations

68 N.Y.2d 921 (N.Y. 1986)
508 N.Y.S.2d 949
501 N.E.2d 599

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