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PEOPLE v. VASQUEZ

26 A.D.3d 223 (2006)

811 N.Y.S.2d 16

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PAUL VASQUEZ, Appellant.

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

February 14, 2006.

The court properly declined to submit a justification charge to the jury, because no reasonable view of the evidence, viewed in a light most favorable to defendant, supported such a charge (see People v. Cox, 92 N.Y.2d 1002, 1004 [1998]). The observations made by defendant's witnesses were very limited, and would not support a justification defense unless the jury resorted to speculation in order to fill in gaps in their testimony...

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