PEOPLE v. WEDGEWORTH


121 A.D.2d 762 (1986)

The People of the State of New York, Respondent, v. Eugene Wedgeworth, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

June 30, 1986


Judgment affirmed.

The trial court was not required to instruct the jury with respect to the affirmative defense of duress where, prior to the charge, the defendant withdrew his request for such an instruction. In any event, there was no evidence presented that any physical force or immediate threat of physical force was imposed upon him (see, Penal Law § 40.00 [1]). Nor was the court compelled to charge the jury regarding the necessity of independent...

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