PEOPLE v. LEWIS


278 A.D.2d 165 (2000)

718 N.Y.S.2d 179

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LAWRENCE LEWIS, Appellant.

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

Decided December 28, 2000.


Defendant expressly waived his present challenge to the court's justification charge, and the colloquy between the prosecutor and the court on this subject did not constitute the type of ruling on a "protest by a party" contemplated by CPL 470.05 (2). Accordingly, this claim is unpreserved and we decline to review it in the interest of justice. Were we to review this claim, we would find that defendant was not prejudiced by any error in the justification charge.

As...

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