PEOPLE v. RODRIGUEZ


33 A.D.3d 389 (2006)

821 N.Y.S.2d 755

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL RODRIGUEZ, Appellant.

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

Decided October 10, 2006.


Defendant's challenge to the court's justification charge is unpreserved and we decline to review it in the interest of justice. Were we to review this claim, we would find that although, under the facts presented, defendant was entitled to a charge on use of force in defense against a robbery (see Penal Law § 35.15 [2] [b]), the absence of such charge did not prejudice defendant "[b]ecause there was overwhelming evidence disproving the justification defense and...

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