People v. Gaines
The People of the State of New York v. Craig Gaines
Opinion of the Court
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—Appeal by defendant from a judgment of the Supreme Court, Kings County (Koch, J.), rendered June 23, 1993, convicting him of reckless endangerment in the first degree, criminal possession of a weapon in the second degree, and criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
The court properly refused to charge, as part of the law on justification, that the defendant did not have a duty to retreat, as the crime took place in his front yard, a place that was not "m his dwelling” (Penal Law § 35.15 [2] [a] [i] [emphasis supplied]; see also, People v Seit, 86 NY2d 92 ; People v Gopaul, 171 AD2d 754 ; People v Childs, 21 AD2d 809 ).
The defendant’s remaining contentions are either unpreserved for appellate review or without merit. Pizzuto, J. P., Santucci, Altman and Hart, JJ., concur.
How later courts describe this case
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(front yard not considered to be "dwelling”)
Cited by 5 cases
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