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PEOPLE v. ALBRITTON

2006-08302, 2006-09499

69 A.D.3d 866 (2010)

891 N.Y.S.2d 914

2010 NY Slip Op 526

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMEL ALBRITTON, Appellant.

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

Decided January 19, 2010.

Ordered that the judgment and the resentence are affirmed.

The defendant's contention that the trial court erred in failing to instruct the jury on the defense of justification with respect to the count of the indictment charging him with criminal possession of a weapon in the second degree is unpreserved for appellate review (see CPL 470.05 [2]; People v Smith, 54 A.D.3d 421, 422 [2008]; People v Williams,...

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