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THE PEOPLE OF THE STATE OF NEW YORK:, Respondent, v. TONY E. JACKSON, Appellant.

Memorandum:

After a jury trial, defendant was found guilty of assault in the second degree (Penal Law § 120.05) and assault in the third degree (Penal Law § 120.00). The sole contention of defendant on appeal is that County Court erred in denying his request to charge the defense of justification ( see, Penal Law § 35.15). Viewing the evidence in the light most favorable to defendant ( see, People v Reynoso, 73 NY2d 816), we conclude that the court properly declined to charge justification. "[W]hen no reasonable view of the evidence would support a finding of the tendered defense, the court is under no obligation to submit the question to the jury" ( People v Watts, 57 NY2d 299, 301; see, People v Collice, 41 NY2d 906). (Appeal from Judgment of Chautauqua County Court, Ward, J. — Assault, 2nd Degree.)

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PEOPLE v. JACKSON
(Feb 7, 1997)