People v. Hines, 112 A.D.2d 168 (N.Y. App. Div. 1985). · Go Syfert
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People v. Hines, 112 A.D.2d 168 (N.Y. App. Div. 1985). Cases Citing This Book View Copy Cite
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The People of the State of New York
v.
Richard Hines
Appellate Division of the Supreme Court of the State of New York.
Jul 1, 1985.
112 A.D.2d 168
1985 N.Y. App. Div. LEXIS 56454
Published

Appeal by defendant from a judgment of the County Court, Westchester County (Nastasi, J.), rendered April 16, 1982, convicting him of assault in the second degree and criminal possession of a weapon in the fourth degree, upon a jury verdict, and imposing sentence.

Judgment affirmed.

Defendant’s guilt was proven beyond a reasonable doubt[*169] (People v Contes, 60 NY2d 620). Defendant was not prejudiced by the statement in the court’s charge that he had a duty to retreat (Penal Law § 35.15 [2] [a]).

The other issue raised by defendant has not been preserved for appellate review as a matter of law (People v Qualls, 55 NY2d 733), and we decline to address it in the interest of justice. Bracken, J. P., O’Connor, Rubin and Lawrence, JJ., concur.