PEOPLE v. McTIERNAN

10055, 5272/07.

176 A.D.3d 484 (2019)

111 N.Y.S.3d 22

2019 NY Slip Op 07346

The People of the State of New York, Respondent, v. Kelly McTiernan, Appellant.

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

Decided October 10, 2019.


Attorney(s) appearing for the Case

Glenn A. Garber, PC, New York, ( Glenn Garber of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York ( Dana Poole of counsel), for respondent.

Concur—Renwick, J.P., Gische, Kapnick, Gesmer, Moulton, JJ.


Defendant's claim that the court incorrectly instructed the jury on the justified use of deadly physical force in the context of defending against a robbery is unpreserved and we decline to review it in the interest of justice. As an alternative holding, we find no basis for reversal. In three places in its oral charge, as well as in a written charge given to the jury on consent, the court stated the correct standard regarding justifiable use of deadly physical force against...

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