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People v. Mayas

Appellate Division of the Supreme Court of New York, Second Department
Jan 12, 1987
126 A.D.2d 574 (N.Y. App. Div. 1987)

Opinion

January 12, 1987

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


Ordered that the judgment is affirmed.

The defendant raised no objection at trial to the court's charge. Thus, his present claim that the court's instructions on justification were improper is unpreserved for appellate review (see, People v. Harrell, 59 N.Y.2d 620, 622; People v. Richburg, 109 A.D.2d 899, 900). In any event, the defendant's claim is without merit. The court's enunciation of an objective standard with regard to the requirement of reasonableness under the defense of justification (see, Penal Law § 35.15), was a correct statement of the law (see, People v. Goetz, 68 N.Y.2d 96, 112, 114). Insofar as People v. Wagman ( 99 A.D.2d 519), and People v. Desmond ( 93 A.D.2d 822), held to the contrary, they have been overruled. Thompson, J.P., Niehoff, Kunzeman and Sullivan, JJ., concur.


Summaries of

People v. Mayas

Appellate Division of the Supreme Court of New York, Second Department
Jan 12, 1987
126 A.D.2d 574 (N.Y. App. Div. 1987)
Case details for

People v. Mayas

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MANUEL MAYAS, Appellant

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

Date published: Jan 12, 1987

Citations

126 A.D.2d 574 (N.Y. App. Div. 1987)

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