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PEOPLE v. PAYNE

279 A.D.2d 537 (2001)

718 N.Y.S.2d 880

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CHARLES PAYNE, Appellant.

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

Decided January 16, 2001.

Ordered that the judgment is affirmed.

Viewing the evidence in the light most favorable to the defendant, the trial court properly denied the defense counsel's request for a justification charge since "`no view of the evidence establishes the basic elements of the defense'" (People v Parsons, 270 A.D.2d 504, 505; see, People v Watts, 57 N.Y.2d 299; see also, People v Collice,...

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