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People v. Frazer

Appellate Division of the Supreme Court of New York, Second Department
Jul 15, 1985
112 A.D.2d 315 (N.Y. App. Div. 1985)

Opinion

July 15, 1985

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


Judgment affirmed.

Defendant's guilt was established beyond a reasonable doubt ( see, People v. Contes, 60 N.Y.2d 620). As no exception to the charge was taken, defendant's contention that a portion of the charge could be interpreted as shifting the burden of proof on the justification defense is unpreserved for appellate review as a matter of law (CPL 470.05; see, People v. Cadorette, 56 N.Y.2d 1007). Under the circumstances of this case, including the overwhelming evidence of defendant's guilt, interest of justice review is not warranted. Mangano, J.P., Gibbons, Bracken and O'Connor, JJ., concur.


Summaries of

People v. Frazer

Appellate Division of the Supreme Court of New York, Second Department
Jul 15, 1985
112 A.D.2d 315 (N.Y. App. Div. 1985)
Case details for

People v. Frazer

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GLENDON FRAZER…

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

Date published: Jul 15, 1985

Citations

112 A.D.2d 315 (N.Y. App. Div. 1985)

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