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People v. Carrasquillo-Villanueva

178 A.D.2d 985 Court N.Y. App. Div. Decision date 1991-12-26 English

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Majority

p. 985
The People of the State of New York, Respondent, v
p. 986
Agustin Miguel Carrasquillo-Villanueva, Appellant.

Judgment unanimously affirmed. Memorandum: Defendant contends that the trial court’s charge on justification was inadequate. That issue was not preserved for our review by timely objection (see, CPL 470.05 [2]; People v Thomas, 50 NY2d 467 ). Because there was strong evidence of defendant’s guilt that rebutted his justification defense, we decline to consider the alleged error as a matter of discretion in the interest of justice (see, CPL 470.15 [6]; People v Comfort, 113 AD2d 420 ; People v Swinson, 111 AD2d 275 , 276).

We have reviewed the remaining contentions raised by counsel and by defendant pro se and find them to be without merit. (Appeal from Judgment of Onondaga County Court, Cunningham, J. — Manslaughter, 1st Degree.) Present — Den-man, P. J., Doerr, Green, Lawton and Davis, JJ.

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