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PEOPLE v. RHODES

281 A.D.2d 225 (2001)

723 N.Y.S.2d 2

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. REGINALD RHODES, Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided March 13, 2001.

Defendant's claim that the court should have instructed the jury on the defense of justification is unpreserved and we decline to review it in the interest of justice. We reject defendant's suggestion that the court should have delivered such an instruction sua sponte. A justification charge would have been inconsistent with the defense strategy (see, People v DeGina, 72 N.Y.2d 768), and was unsupported by the record in any...

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