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PEOPLE v. BROOKS
Appellate Division of the Supreme Court of New York, Second Department.
Mar 23, 2010
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Ordered that the judgment is affirmed.
The defendant's contention concerning the trial court's charge on the issue of justification is unpreserved for appellate review ( see CPL 470.05; People v Peterkin, 23 AD3d 678, 679; People v Moultrie, 6 AD3d 730). In any event, the trial court's charge was proper ( see CJI2d[NY] Defense, Justification: Use of Deadly Physical Force in Defense of a Person; People v Palmer, 34 AD3d 701, 703).
The defendant was not deprived of the effective assistance of counsel, as defense counsel provided meaningful representation ( see People v Benevento, 91 NY2d 708; People v Baldi, 54 NY2d 137).
The sentence imposed was not excessive ( see People v Suitte, 90 AD2d 80).
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