PEOPLE v. KERSCH


135 A.D.2d 570 (1987)

The People of the State of New York, Respondent, v. Donald J. Kersch, Appellant

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

December 7, 1987


Ordered that the judgment is affirmed.

The defendant failed to preserve for appellate review the question of whether the trial court erred in refusing to charge the jury on the defense of justification as it applied to the offenses of manslaughter in the second degree and criminally negligent homicide. Defense counsel neither requested the repetition of the justification charge as to those offenses nor excepted to its absence (see, CPL 470.05 [2]; People...

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