From Casetext: Smarter Legal Research

People v. Huggins

Appellate Division of the Supreme Court of New York, Second Department
Jul 26, 1993
195 A.D.2d 608 (N.Y. App. Div. 1993)

Opinion

July 26, 1993

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


Ordered that the judgment is affirmed.

The defendant has failed to preserve for appellate review the issue of whether the People disproved his justification defense beyond a reasonable doubt (see, CPL 470.05; People v Bynum, 70 N.Y.2d 858; People v. Lemaire, 187 A.D.2d 532; People v Udzinski, 146 A.D.2d 245, 248-252). In any event, the evidence adduced at trial established beyond a reasonable doubt that the defendant did not have to use deadly force to avoid a fistfight with the deceased (see, Penal Law § 35.15; People v Maldonado, 121 A.D.2d 400).

The defendant's remaining contentions are either unpreserved for appellate review or without merit. Mangano, P.J., Thompson, Pizzuto and Joy, JJ., concur.


Summaries of

People v. Huggins

Appellate Division of the Supreme Court of New York, Second Department
Jul 26, 1993
195 A.D.2d 608 (N.Y. App. Div. 1993)
Case details for

People v. Huggins

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DON HUGGINS, Appellant

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

Date published: Jul 26, 1993

Citations

195 A.D.2d 608 (N.Y. App. Div. 1993)
602 N.Y.S.2d 547

Citing Cases

People v. Webb

The defendant's contention that the People failed to disprove the defense of justification beyond a…

People v. Bailey

The defendant's contention that the People failed to disprove the defense of justification beyond a…