
    State of Connecticut v. Robert Hopes
    Decided February 20, 1992
    
      Alexander H. Schwartz, in support of the petition.
    
      Paul J. Ferencek, assistant state’s attorney, in opposition.
   The defendant’s petition for certification for appeal from the Appellate Court, 26 Conn. App. 367, is denied.

Berdon,

J., dissenting. I would grant the defendant’s petition for certification to review the following issue: Whether the defendant’s federal and state constitutional due process rights were violated when the trial court refused to instruct the jury that duress was a defense to the charges of attempted assault in the first degree; General Statutes §§ 53a-49 (a) and (c) and 53a-59 (a) (1); carrying a pistol without a permit; General Statutes § 29-35; and criminal possession of a firearm. General Statutes § 53a-217. Reference is made to the well reasoned dissent of Appellate Court Judge Lavery in State v. Hopes, 26 Conn. App. 367, 377-80, 602 A.2d 23 (1992).  