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People v. Richburg

Appellate Division of the Supreme Court of New York, Second Department
Mar 25, 1985
109 A.D.2d 899 (N.Y. App. Div. 1985)

Opinion

March 25, 1985

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


Judgment affirmed.

Defendant's sole defense at trial was justification. He contended that at the time of the incident he did not know that the two men who stopped and frisked him and his companions were police officers, and that he believed that the force he used against the two officers was necessary to defend himself and his brother. On this appeal, he contends that he was deprived of a fair trial because of the alleged erroneous and deficient charge by the trial court on the defense of justification. Defendant, however, failed to take exception to the trial court's initial and supplemental justification charge. Defendant's claims are thus not properly preserved for review (CPL 470.05; see, People v. Thomas, 50 N.Y.2d 467; People v. Doctor, 98 A.D.2d 780).

In any event, we note that the charge, viewed in its entirety, adequately conveyed the appropriate law to the jury and did not deprive defendant of a fair trial ( see, People v. Woods, 41 N.Y.2d 279; People v. Francis, 99 A.D.2d 841; People v. Doctor, supra). Lazer, J.P., Gibbons, Thompson and Niehoff, JJ., concur.


Summaries of

People v. Richburg

Appellate Division of the Supreme Court of New York, Second Department
Mar 25, 1985
109 A.D.2d 899 (N.Y. App. Div. 1985)
Case details for

People v. Richburg

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. THORNWELL RICHBURG…

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

Date published: Mar 25, 1985

Citations

109 A.D.2d 899 (N.Y. App. Div. 1985)

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