PEOPLE v. HERRING


282 A.D.2d 546 (2001)

722 N.Y.S.2d 887

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CHARLES HERRING, Appellant.

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

Decided April 9, 2001.


Ordered that the judgment is affirmed.

The defendant, after claiming self defense at trial, was acquitted of assault in the first degree. However, he was convicted of criminal possession of a weapon in the second degree. The defendant's claim concerning the defense of justification is unpreserved for appellate review. In any event, contrary to the defendant's contention, although justification can be a defense to a prosecution based on assaultive behavior, it cannot...

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