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People v. Khan

502 N.E.2d 987, 68 N.Y.2d 921, 510 N.Y.S.2d 72, 1986 N.Y. LEXIS 20877
CourtNew York Court of Appeals
DecidedNovember 11, 1986
StatusPublished
Cited by19 cases

This text of 502 N.E.2d 987 (People v. Khan) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Khan, 502 N.E.2d 987, 68 N.Y.2d 921, 510 N.Y.S.2d 72, 1986 N.Y. LEXIS 20877 (N.Y. 1986).

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

Defendant’s request for a justification charge, though made after summations and the court’s initial charge, neither of which referred to that defense, was timely (CPL 300.10 [5]). The court’s denial of the request was improper even though the act upon which the defense is based was not intentional (see, People v McManus, 67 NY2d 541; People v Padgett, 60 NY2d 142; People v Huntley, 87 AD2d 488, affd 59 NY2d 868).

Chief Judge Wachtler and Judges Meyer, Kaye, Alexan[923]*923der, Titone and Hancock, Jr., concur; Judge Simons taking no part.

Order affirmed in a memorandum.

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Bluebook (online)
502 N.E.2d 987, 68 N.Y.2d 921, 510 N.Y.S.2d 72, 1986 N.Y. LEXIS 20877, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-khan-ny-1986.