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PEOPLE v. CHARLES

139 A.D.2d 754 (1988)

The People of the State of New York, Respondent, v. Jeffrey Charles, Appellant

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

April 25, 1988

Ordered that the judgment is affirmed.

On appeal, the defendant contends that the court erred in declining to charge the jury, pursuant to Penal Law § 35.05 (2), that his unlawful entry into the complainant's apartment was necessary and thus justified as an emergency measure to avoid an imminent public or private injury. We disagree.

According to the defendant, since the complainant had allegedly become intoxicated...

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