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People v. Dawes

Appellate Division of the Supreme Court of New York, Second Department
Jul 8, 1991
175 A.D.2d 174 (N.Y. App. Div. 1991)

Opinion

July 8, 1991

Appeal from the Supreme Court, Queens County (Lakritz, J.).


Ordered that the judgment is affirmed.

We find that the trial court did not improvidently exercise its discretion when it admitted photographs of the victim's dead body into evidence. The photographic evidence was properly admitted to illustrate and corroborate other relevant evidence pertaining to the issue of justification (see, People v Stevens, 76 N.Y.2d 833, 835-836; People v Pobliner, 32 N.Y.2d 356, 369-370, cert denied 416 U.S. 905; People v Wood, 172 A.D.2d 707).

Additionally, and contrary to the defendant's contention, we find that the court's justification charge was proper. The court's instruction clearly conveyed to the jury that it was to consider any prior experiences that the defendant may have had which could provide a reasonable basis for a belief that the victim's intentions were to injure him or that the use of force was necessary (see, People v Wesley, 76 N.Y.2d 555, 559).

We have reviewed the defendant's remaining contentions, including those raised in his pro se supplemental brief, and find them to be without merit (see, People v Rivera, 71 N.Y.2d 705, 709). Lawrence, J.P., Eiber, Balletta and Rosenblatt, JJ., concur.


Summaries of

People v. Dawes

Appellate Division of the Supreme Court of New York, Second Department
Jul 8, 1991
175 A.D.2d 174 (N.Y. App. Div. 1991)
Case details for

People v. Dawes

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. IAN DAWES, Appellant

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

Date published: Jul 8, 1991

Citations

175 A.D.2d 174 (N.Y. App. Div. 1991)
573 N.Y.S.2d 900

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