People v. Collins

Appellate Division of the Supreme Court of New York

People v. Collins

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

Appellate Division of the Supreme Court of the State of New York·Decided March 20, 1973·Published·Cited by 1 cases

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.

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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.

People v. Collins, 41 A.D.2d 727, 341 N.Y.S.2d 653, 1973 N.Y. App. Div. LEXIS 4889 (N.Y. Ct. App. 1973).

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Opinion

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