Defendant expressly waived his present challenge to the court's justification charge, and the colloquy between the prosecutor and the court on this subject did not constitute the type of ruling on a "protest by a party" contemplated by CPL 470.05 (2). Accordingly, this claim is unpreserved and we decline to review it in the interest of justice. Were we to review this claim, we would find that defendant was not prejudiced by any error in the justification charge.
As...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.