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PEOPLE v. POSTON

Nos. 7556, 2702/08.

95 A.D.3d 729 (2012)

945 N.Y.S.2d 79

2012 NY Slip Op 4093

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES POSTON, Appellant.

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

Decided May 29, 2012.

Defendant failed to preserve, and expressly waived, his argument that the court erred in instructing the jury only on the justified use of deadly force rather than ordinary physical force, and we decline to review it in the interest of justice. Defendant specifically requested a charge on the justified use of deadly force and explicitly told the court, following the charge, that it was satisfactory. As an alternative holding, we...

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