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People v. Marrazzo

225 A.D.2d 562, 639 N.Y.2d 88, 639 N.Y.S.2d 88, 1996 N.Y. App. Div. LEXIS 1830
Appellate Division of the Supreme Court of the State of New York·Decided March 4, 1996·Published

Opinion

[563]*563We reject the defendant’s contention that the court erred by refusing to instruct the jury on the defense of justification pursuant to Penal Law § 35.20. The evidence adduced at trial, when viewed in a light most favorable to the defense (see, People v Padgett, 60 NY2d 142; People v Watts, 57 NY2d 299), did not support the defendant’s claim that he shot the victim while the victim was committing or attempting to commit burglary or arson upon his premises (see, Penal Law § 35.20; People v Bertone, 213 AD2d 417; see also, People v Goetz, 68 NY2d 96).

The defendant’s remaining contentions are either improperly raised on appeal (see, People v O’Connor, 126 AD2d 676), or without merit (see, People v Byrnes, 33 NY2d 343; People v Brooks, 184 AD2d 274). Bracken, J. P., Rosenblatt, Miller and Friedmann, JJ., concur.

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People v. Marrazzo, 225 A.D.2d 562, 639 N.Y.2d 88, 639 N.Y.S.2d 88, 1996 N.Y. App. Div. LEXIS 1830 (N.Y. Ct. App. 1996).

225 A.D.2d 562 (People v. Marrazzo) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

People v. Byrnes
308 N.E.2d 435 (New York Court of Appeals, 1974)
People v. Watts
442 N.E.2d 1188 (New York Court of Appeals, 1982)
People v. Padgett
456 N.E.2d 795 (New York Court of Appeals, 1983)
People v. Goetz
497 N.E.2d 41 (New York Court of Appeals, 1986)
People v. O'Connor
126 A.D.2d 676 (Appellate Division of the Supreme Court of New York, 1987)
People v. Brooks
184 A.D.2d 274 (Appellate Division of the Supreme Court of New York, 1992)
People v. Bertone
213 A.D.2d 417 (Appellate Division of the Supreme Court of New York, 1995)