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People v. Harvey

Appellate Division of the Supreme Court of New York, Second Department
Mar 21, 1994
202 A.D.2d 607 (N.Y. App. Div. 1994)

Opinion

March 21, 1994

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


Ordered that the judgment is affirmed.

The defendant stabbed the complainant with a kitchen knife in his apartment and fled. On the record before us we conclude there is no basis to credit the defendant's claim of ineffective assistance of counsel (see, People v. Colon, 138 A.D.2d 392, 393; see also, People v. Oquendo, 112 A.D.2d 955, 956).

The justification charge was proper and apprised the jury of the correct rules to be applied in evaluating the defense of justification (see, People v. Russell, 266 N.Y. 147; cf., People v. Wesley, 76 N.Y.2d 555, 559).

Finally, we find that the denial of youthful offender status was proper (see, People v. Barr, 168 A.D.2d 625, 626). Rosenblatt, J.P., Lawrence, Altman and Goldstein, JJ., concur.


Summaries of

People v. Harvey

Appellate Division of the Supreme Court of New York, Second Department
Mar 21, 1994
202 A.D.2d 607 (N.Y. App. Div. 1994)
Case details for

People v. Harvey

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TRACEY HARVEY…

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

Date published: Mar 21, 1994

Citations

202 A.D.2d 607 (N.Y. App. Div. 1994)
610 N.Y.S.2d 823