PEOPLE v. KHAN

MEMORANDUM.

The order of the Appellate Division should be affirmed.

Defendant's request for a justification charge, though made after summations and the court's initial charge, neither of which referred to that defense, was timely (CPL 300.10). The court's denial of the request was improper even though the act upon which the defense is based was not intentional (see, People v McManus, 67 N.Y.2d 541; People v Padgett, 60 N.Y.2d 142; People v Huntley, 87 A.D.2d 488, affd 59 N.Y.2d 868).

Chief Judge WACHTLER and Judges MEYER, KAYE, ALEXANDER, TITONE and HANCOCK, JR., concur; Judge SIMONS taking no part.

Order affirmed in a memorandum.