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PEOPLE v. JOHNSON

59 A.D.3d 638 (2009)

872 N.Y.S.2d 676

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

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

Decided February 17, 2009.

Ordered that the judgment is affirmed.

The defendant argues that the trial court erred in failing to instruct the jury on the defense of justification. However, contrary to his contention, the justification defense does not apply to the charges of either attempted robbery in the first degree (see People v Ware, 36 A.D.3d 838, 839 [2007]; People v Ellison,

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