PEOPLE v. MIDGETTE


242 A.D.2d 492 (1997)

662 N.Y.S.2d 479

The People of the State of New York, Respondent, v. Tyrone Midgette, Appellant

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

September 25, 1997


A review of the record indicates that defendant's trial counsel made a proper strategic decision in not requesting a jury charge regarding justification, because such defense was unsupported by the evidence and would have posed the risk of undermining the defense of lack of intent. Defendant's contention that the trial court was obligated to instruct the jury regarding justification, sua sponte, is without merit.

When a sitting juror reported by telephone,...

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