PEOPLE v. MARTINEZ


203 A.D.2d 485 (1994)

610 N.Y.S.2d 869

The People of the State of New York, Respondent, v. Daniel Martinez, Also Known as David Colon, Appellant

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

April 18, 1994


Ordered that the judgment is affirmed.

The defendant contends that the trial court erred in failing to instruct the jury on the defense of justification. However, the defense counsel never requested such a charge. Therefore, the issue is not preserved for appellate review. Under the facts and circumstances of this case, we decline to exercise our interest of justice jurisdiction to review the issue (see, People v Hodne, 197 A.D.2d 591...

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