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People v. Harvey

202 A.D.2d 607 Court N.Y. App. Div. Decision date 1994-03-21 English

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p. 607
The People of the State of New York, Respondent, v Tracey Harvey, Appellant.
[610 NYS2d 823]

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Kreindler, J.), rendered July 11, 1991, convicting her of assault in the first degree, and criminal possession of a weapon in the fourth degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant stabbed the complainant with a kitchen knife in his apartment and fled. On the record before us we conclude there is no basis to credit the defendant’s claim of ineffective assistance of counsel (see, People v Colon, 138 AD2d 392 , 393; see also, People v Oquendo, 112 AD2d 955 , 956).

The justification charge was proper and apprised the jury of the correct rules to be applied in evaluating the defense of justification (see, People v Russell, 266 NY 147 ; cf., People v Wesley, 76 NY2d 555 , 559).

Finally, we find that the denial of youthful offender status was proper (see, People v Barr, 168 AD2d 625 , 626). Rosenblatt, J. P., Lawrence, Altman and Goldstein, JJ., concur.

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