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People v. Cotto

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 8, 1988
139 A.D.2d 967 (N.Y. App. Div. 1988)

Opinion

April 8, 1988

Appeal from the Monroe County Court, Celli, J.

Present — Denman, J.P., Boomer, Green, Lawton and Davis, JJ.


Judgment unanimously affirmed. Memorandum: Defendant was convicted of first degree manslaughter as a lesser included offense of second degree murder for shooting an acquaintance. Defendant's primary claim is that the court's charge and supplemental charge on justification were inadequate and require reversal. Defendant, however, did not object to the supplemental charge and did not preserve that issue for review (CPL 470.05). In any event, the court's entire charge adequately explained the justification defense and clarified the People's burden of proof on this issue (see, People v. Goetz, 68 N.Y.2d 96; People v. Crosby, 115 A.D.2d 988, lv denied 67 N.Y.2d 941; People v. Comfort, 113 A.D.2d 430; cf., People v. Williams, 121 A.D.2d 145). We have considered defendant's remaining claims and find that each one lacks merit.


Summaries of

People v. Cotto

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 8, 1988
139 A.D.2d 967 (N.Y. App. Div. 1988)
Case details for

People v. Cotto

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TOMAS COTTO, Appellant

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

Date published: Apr 8, 1988

Citations

139 A.D.2d 967 (N.Y. App. Div. 1988)

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