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PEOPLE v. WALTON

211 A.D.2d 565 (1995)

621 N.Y.S.2d 872

The People of the State of New York, Respondent, v. Floyd Walton, Appellant

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

January 24, 1995

Defendant failed to preserve for appellate review his claim that the court provided an erroneous supplementary instruction, i.e., that "motivation is not an issue", and we decline to review it in the interest of justice. Were we to review the claim, we would find it to be without merit. While the absence of motive evidence may tend to establish that a defendant lacked the requisite intent, defendant admitted that he intended to...

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