People v. Pagan

Full title: THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RAUL PAGAN, Appellant

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

Date published: Jun 22, 1990

162 A.D.2d 999 (N.Y. App. Div. 1990)

557 N.Y.S.2d 789

Opinion

June 22, 1990

Appeal from the Monroe County Court, Celli, J.

Present — Dillon, P.J., Callahan, Green, Davis and Lowery, JJ.

Judgment unanimously affirmed. Memorandum: Defendant failed to request that the jury be charged on the defense of justification (Penal Law § 35.15). Accordingly, that issue has not been preserved for our review (see, CPL 470.05; People v Behlin, 150 A.D.2d 591, lv denied 74 N.Y.2d 805; People v McLoyd, 125 A.D.2d 604). Moreover, the evidence, viewed in the light most favorable to defendant, fails to establish his entitlement to a charge of justification (CPL 300.10, [2]; see, People v. Watts, 57 N.Y.2d 299, 301-302).