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People v. Swaby

8 A.D.3d 591, 778 N.Y.S.2d 711, 2004 N.Y. App. Div. LEXIS 8682
CourtAppellate Division of the Supreme Court of the State of New York
DecidedJune 21, 2004
StatusPublished

This text of 8 A.D.3d 591 (People v. Swaby) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Swaby, 8 A.D.3d 591, 778 N.Y.S.2d 711, 2004 N.Y. App. Div. LEXIS 8682 (N.Y. Ct. App. 2004).

Opinion

Appeal by the defendant from a judgment of the Supreme Court, Kangs County (Tomei, J.), rendered May 21, 2002, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s contention that the trial court’s justification charge was erroneous is unpreserved for appellate review (see CPL 470.05 [2]; People v Harrell, 59 NY2d 620, 622 [1983]; People v Gaskins, 300 AD2d 506 [2002]). In any event, the charge, taken as a whole, properly instructed the jury on the justification defense (see People v Wesley, 76 NY2d 555, 559 [1990]; People v Bernard, 222 AD2d 599 [1995]; People v [592]*592Thomas, 179 AD2d 793, 794 [1992]; People v Madden, 171 AD2d 558, 559 [1991]).

The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]). Santucci, J.P., Schmidt, Rivera and Lifson, JJ., concur.

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Related

People v. Harrell
449 N.E.2d 1263 (New York Court of Appeals, 1983)
People v. Wesley
563 N.E.2d 21 (New York Court of Appeals, 1990)
People v. Suitte
90 A.D.2d 80 (Appellate Division of the Supreme Court of New York, 1982)
People v. Madden
171 A.D.2d 558 (Appellate Division of the Supreme Court of New York, 1991)
People v. Thomas
179 A.D.2d 793 (Appellate Division of the Supreme Court of New York, 1992)
People v. Bernard
222 A.D.2d 599 (Appellate Division of the Supreme Court of New York, 1995)
People v. Gaskins
300 A.D.2d 506 (Appellate Division of the Supreme Court of New York, 2002)

Cite This Page — Counsel Stack

Bluebook (online)
8 A.D.3d 591, 778 N.Y.S.2d 711, 2004 N.Y. App. Div. LEXIS 8682, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-swaby-nyappdiv-2004.