PEOPLE v. KIN WONG

4165, 3859/06.

81 A.D.3d 421 (2011)

916 N.Y.S.2d 57

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KIN WONG, Appellant.

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

Decided February 1, 2011.


Defendant did not request a charge on the defense of justification, and the court was under no obligation to deliver one sua sponte. It was clear that defense counsel was pursuing a theory that the complainant was stabbed with his own knife during a struggle over the knife, as opposed to a theory that defendant stabbed the complainant in self-defense. Regardless of whether the evidence might have supported multiple defenses, an unrequested justification charge would have...

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