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People v. George

Appellate Division of the Supreme Court of New York, Second Department
Dec 1, 1986
125 A.D.2d 330 (N.Y. App. Div. 1986)

Opinion

December 1, 1986

Appeal from the County Court, Westchester County (Marasco, J.).


Ordered that the judgment is affirmed.

The defendant's contention that certain omissions from the trial court's charge to the jury were erroneous and prejudicial is not persuasive. This issue was not preserved for appellate review. In addition, the defendant was not entitled to have the affirmative defense to arson in the third degree (see, Penal Law § 150.10) charged to the jury, since he did not establish, by a preponderance of the evidence, all of the basic elements of that defense (see, Penal Law § 25.00; see also, People v. Watts, 57 N.Y.2d 299).

The defendant's trial counsel afforded him "meaningful representation" (People v. Satterfield, 66 N.Y.2d 796, 799; People v. Baldi, 54 N.Y.2d 137, 147). We have reviewed the defendant's remaining contentions and find them to be either unpreserved for appellate review or without merit. Thompson, J.P., Niehoff, Rubin and Eiber, JJ., concur.


Summaries of

People v. George

Appellate Division of the Supreme Court of New York, Second Department
Dec 1, 1986
125 A.D.2d 330 (N.Y. App. Div. 1986)
Case details for

People v. George

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EDWARD GEORGE…

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

Date published: Dec 1, 1986

Citations

125 A.D.2d 330 (N.Y. App. Div. 1986)