PEOPLE v. DIAZ

2014-03060, Ind. No. 6408/12.

149 A.D.3d 974 (2017)

2017 NY Slip Op 03013

53 N.Y.S.3d 94

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EMMANUEL DIAZ, Appellant.

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

Decided April 19, 2017.


Ordered that the judgment is affirmed.

The defendant contends that he was deprived of the effective assistance of counsel as a result of his trial counsel's failure to request that the jury be charged on the affirmative defense to robbery in the first degree and burglary in the first degree that the object displayed was not a loaded weapon from which a shot, capable of producing death or other serious physical injury, could be discharged (see Penal Law §...

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