People v. Battle
Opinion of the Court
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Marrus, J.), rendered November 19, 2007, convicting him of murder in the second degree and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
Since the defendant failed to object to the trial court’s justification charge or to request supplemental jury instructions, the defendant’s argument concerning that charge is unpreserved for appellate review (see CPL 470.05 [2]; People v Fowle, 60 AD3d 691 [2009]; People v Martinez, 243 AD2d 732 [1997]). In any event, the trial court’s charge, viewed in its entirety, adequately conveyed the appropriate standard to the jury (see People v Coleman, 70 NY2d 817, 819 [1987]; People v Joseph, 253 AD2d 529 [1998]; People v Martinez, 243 AD2d 732 [1997]).
The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]). Covello, J.P., Santucci, Angiolillo and Dickerson, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.