PEOPLE v. PATTERSON

955 KA 15-01250.

176 A.D.3d 1637 (2019)

110 N.Y.S.3d 190

2019 NY Slip Op 07203

The People of the State of New York, Respondent, v. Dakwan Patterson, Appellant.

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

Decided October 4, 2019.


Attorney(s) appearing for the Case

TIMOTHY P. DONAHER , PUBLIC DEFENDER, ROCHESTER ( DAVID R. JUERGENS OF COUNSEL), FOR DEFENDANT-APPELLANT.

SANDRA DOORLEY , DISTRICT ATTORNEY, ROCHESTER ( LEAH R. MERVINE OF COUNSEL), FOR RESPONDENT.

Present— Smith, J.P., Peradotto, Lindley, DeJoseph and Curran, JJ.


It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: On appeal from a judgment convicting him upon a jury verdict of murder in the second degree (Penal Law § 125.25[1]), defendant contends that County Court erred in denying his request for a jury charge on the defense of justification to prevent a robbery. We reject that contention, and therefore we affirm.

Defendant was convicted of murder arising from an incident...

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