Appellate Division of the Supreme Court of New York, 1997

People v. West

Appellate Division of the Supreme Court of New York · Decided December 31, 1997

245 A.D.2d 1087; 666 N.Y.S.2d 87; 1997 N.Y. App. Div. LEXIS 13872

Cases that cite this one

1 later published case cites this decision.

People v. Walker (Appellate Division of the Supreme Court of New York 2000)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

—Judgment unanimously affirmed. Memorandum: Defendant’s contention that County Court erroneously instructed the jury on the defense of justification has not been preserved for our review (see, CPL 470.05 [2]; People v McCray, 149 AD2d 736, lv denied 74 NY2d 743). In any event, the justification charge as given was proper. *1088The verdict finding defendant guilty of felony murder (Penal Law § 125.25 [3]) and attempted robbery in the first degree (Penal Law §§ 110.00, 160.15 [2]) is not contrary to the weight of the evidence (see, People v Bleakley, 69 NY2d 490, 495). Die sentence is not unduly harsh or severe. (Appeal from Judgment of Monroe County Court, Smith, J.—Murder, 2nd Degree.) Present—Green, J. P., Pine, Hayes, Callahan and Fallon, JJ.

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