PEOPLE v. WISE


251 A.D.2d 253 (1998)

675 N.Y.S.2d 531

The People of the State of New York, Respondent, v. Alexander Wise, Appellant

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

June 30, 1998


Defendant's challenge to the court's inclusion of the concept of provocation (Penal Law § 35.15 [1] [a]) in its justification charge is unpreserved for appellate review and we decline to review it in the interest of justice. Were we to review this claim, we would find that the court's charge could not have caused defendant any prejudice, given the evidence presented at trial (see, People v Grega, 72 N.Y.2d 489, 496-497...

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