People v. Whitney, 117 A.D.3d 762

Ordered that the judgment is affirmed.

The defendant‘s contention that the trial court‘s instructions to the jury on the defense of justification were misleading is unpreserved for appellate review (see CPL 470.05 [2]; People v Bond, 90 NY2d 877, 878 [1997]; People v Adams, 55 AD3d 616 [2008]; People v Henry, 306 AD2d 539 [2003]). In any event, the contention is without merit, as the charge in its entirety conveyed the correct rule to be applied with respect to the justification defense (see People v Canty, 60 NY2d 830, 832 [1983]; People v Strong, 256 AD2d 427 [1998]).

Accordingly, counsel was not ineffective for failing to object to the charge (see People v Cheeseboro, 52 AD3d 526 [2008]). The defendant‘s attorney provided meaningful representation (see People v Benevento, 91 NY2d 708 [1998]; People v Baldi, 54 NY2d 137 [1981]). Balkin, J.P., Dickerson, Leventhal and Roman, JJ., concur.

Case Details

Case Name: People v. Whitney

Court Name: Appellate Division of the Supreme Court of the State of New York

Date Published: May 7, 2014

Citations: 117 A.D.3d 762; 984 N.Y.S.2d 608

Court Abbreviation: N.Y. App. Div.