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PEOPLE v. JOSEPH

253 A.D.2d 529 (1998)

676 N.Y.S.2d 880

The People of the State of New York, Respondent, v. Michael Joseph, Appellant

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

August 24, 1998

Ordered that the judgment is affirmed.

Since the defendant failed to object to the trial court's justification charge, this issue is unpreserved for appellate review (see, CPL 470.05 [2]; People v Gurganious, 214 A.D.2d 681). In any event, the court's charge, which followed the pattern jury instructions almost verbatim (see, 1 CJI[NY] 35.15 [2] [a], at 876-879), viewed...

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