The order of the Appellate Division should be affirmed.
Defendant's request for a justification charge, though made after summations and the court's initial charge, neither of which referred to that defense, was timely (CPL 300.10 [5]). The court's denial of the request was improper even though the act upon which the defense is based was not intentional (see, People v McManus,
Welcome to the leading source of independent legal reporting
Let's get started
Sign on now to see your case.
Or view more than 10 million decisions and orders.