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People v. Adams

Appellate Division of the Supreme Court of New York, Second Department
Feb 1, 1988
137 A.D.2d 538 (N.Y. App. Div. 1988)

Opinion

February 1, 1988

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


Ordered that the judgment is affirmed.

The defendant contends that the trial court erred in failing to instruct the jury that the People were required to disprove the defense of justification beyond a reasonable doubt. The defendant, however, failed to object to the court's charge on this ground, and, therefore, this claim has not been preserved for appellate review (see, CPL 470.05; People v Thomas, 50 N.Y.2d 467; People v Richburg, 109 A.D.2d 899).

In any event, the charge, when viewed as a whole, adequately conveyed the appropriate law to the jury and did not deprive the defendant of a fair trial (see, People v Woods, 41 N.Y.2d 279; People v Richburg, supra). Bracken, J.P., Kunzeman, Spatt and Sullivan, JJ., concur.


Summaries of

People v. Adams

Appellate Division of the Supreme Court of New York, Second Department
Feb 1, 1988
137 A.D.2d 538 (N.Y. App. Div. 1988)
Case details for

People v. Adams

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BENNY ADAMS, Appellant

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

Date published: Feb 1, 1988

Citations

137 A.D.2d 538 (N.Y. App. Div. 1988)