People v. Collins

41 A.D.2d 727, 341 N.Y.S.2d 653, 1973 N.Y. App. Div. LEXIS 4889

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: March 20, 1973
• Status: Published

Opinion

Judgment, Supreme Court, New York County, rendered December 15, 1971, convicting defendant of possession of a weapon as a felony and two counts of assault in the third degree, unanimously reversed, on the law, and a new trial directed. After the court’s charge to the jury, the defendant requested a charge on justification, which was denied as being untimely made. However, such request may be made “after the court’s charge”. (GPL 300.10, subd. 4.) Furthermore, this was a matter for consideration by a jury. (People v. Steele, 26 N Y 2d 526.) Concur' — ‘Markewich, J. P., Nunez, Kupferman, Murphy and Capozzoli, JJ.