PEOPLE v. PLOWDEN

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

Mar 15, 2004

Judgment

CaseIQ

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DECISION ORDER

ORDERED that the judgment is affirmed.

Contrary to the defendant's contention, the trial court properly refused to charge the jury on the defense of justification since no reasonable view of the evidence established the elements of that defense ( see People v. Reynoso, 73 N.Y.2d 816; People v. Watts, 57 N.Y.2d 299; People v. Batee, 308 A.D.2d 596, lv denied 1 N.Y.3d 568; People v. Robinson, 295 A.D.2d 544).

The sentence imposed was not excessive ( see People v. Suitte, 90 A.D.2d 80).

SANTUCCI, J.P., FLORIO, SCHMIDT and TOWNES, JJ., concur.