People v. Person

124 A.D.2d 681, 508 N.Y.S.2d 56, 1986 N.Y. App. Div. LEXIS 61985

Opinion

The sole issue raised on appeal is the propriety of the justification charge. While acknowledging that the issue was not preserved for appellate review as a matter of law, the defendant asks that we review the matter in the interest of justice, and relies on People v Wagman (99 AD2d 519) and People v Macon (110 AD2d 718).

The issue has not been preserved for appellate review and, in any event, the justification defense includes a requirement that the defendant meet an objective standard based on how a reasonable person would have acted (People v Goetz, 68 NY2d 96). Thus, the court’s charge on justification, viewed in its entirety, correctly apprised the jurors with regard to the applicable legal standard (see, People v Goetz, supra). Mollen, P. J., Weinstein, Lawrence and Kunzeman, JJ., concur.