Garvin

INTRODUCTION

Defendant Parrish Bryant Garvin was involved in an altercation with two deputies while he was incarcerated. He claimed that he had acted in self-defense. A jury found him not guilty of attempted murder but guilty of the lesser included offense of attempted voluntary manslaughter and found true a great bodily injury enhancement allegation. He was sentenced to six years eight months’ imprisonment.

Defendant argues that the trial court had a sua sponte duty to instruct on the effect of the victim’s antecedent assaults against defendant on the reasonableness of defendant’s conduct. We have determined that while the accused is entitled to instruction on this point in the proper case, a timely request must be interposed below. Furthermore, defendant has not shown that his trial counsel’s failure to request this instruction rendered counsel’s assistance ineffective. Accordingly, we will affirm.

FACTS

On December 20, 2001, defendant and five other inmates were escorted inside the visitation room of the Kings County main jail by Sergeant Arnett and Deputy Leonardi. The deputies remained outside the room. Instead of sitting down and beginning his visit, defendant…