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PEOPLE v. JOHNSON

196 A.D.2d 470 (1993)

601 N.Y.S.2d 299

The People of the State of New York, Respondent, v. DeWright Johnson, Jr., Appellant

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

August 26, 1993

Defendant's argument that the trial court's supplemental charge on the defense of justification was erroneous in that it conveyed the wrong standard is not preserved for review as a matter of law (CPL 470.05 [2]; People v Hoke, 62 N.Y.2d 1022), and we decline to review in the interest of justice. Defendant was fortunate to have received a justification charge, having failed to adduce an evidentiary basis therefor (see, Penal...

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