AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TOMAS COTTO, Appellant.

Judgment unanimously affirmed. Memorandum: Defendant was convicted of first degree manslaughter as a lesser included offense of second degree murder for shooting an acquaintance. Defendant's primary claim is that the court's charge and supplemental charge on justification were inadequate and require reversal. Defendant, however, did not object to the supplemental charge and did not preserve that issue for review (CPL 470.05). In any event, the court's entire charge adequately explained the justification defense and clarified the People's burden of proof on this issue (see, People v. Goetz, 68 N.Y.2d 96; People v. Crosby, 115 A.D.2d 988, lv denied 67 N.Y.2d 941; People v. Comfort, 113 A.D.2d 430; cf., People v. Williams, 121 A.D.2d 145). We have considered defendant's remaining claims and find that each one lacks merit.

Use AI to get other relevant cases.

Comments

PEOPLE v. COTTO
(Apr 8, 1988)