PEOPLE v. COLLINS

Judgment, Supreme Court, New York County, rendered December 15, 1971, convicting defendant of possession of a weapon as a felony and two counts of assault in the third degree, unanimously reversed, on the law, and a new trial directed. After the court's charge to the jury, the defendant requested a charge on justification, which was denied as being untimely made. However, such request may be made "after the court's charge". (CPL 300.10, subd. 4.) Furthermore, this was a matter for consideration by a jury. ( People v. Steele, 26 N.Y.2d 526.)

Concur — Markewich, J.P., Nunez, Kupferman, Murphy and Capozzoli, JJ.