People v. Khan
| Decision Date | 11 November 1986 |
| Citation | 510 N.Y.S.2d 72,68 N.Y.2d 921 |
| Parties | , 502 N.E.2d 987 The PEOPLE of the State of New York, Appellant, v. Caperahim KHAN, Respondent. |
| Court | New York Court of Appeals Court of Appeals |
The order of the Appellate Division, 113 A.D.2d 773, 493 N.Y.S.2d 364, 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 [5] ). 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, 505 N.Y.S.2d 43, 496 N.E.2d 202; People v. Padgett, 60 N.Y.2d 142, 468 N.Y.S.2d 854, 456 N.E.2d 795; People v. Huntley, 87 A.D.2d 488, 452 N.Y.S.2d 952, affd. 59 N.Y.2d 868, 465 N.Y.S.2d 929, 452 N.E.2d 1257).
SIMONS, J., taking no part.
Order affirmed in a memorandum.
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