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PEOPLE v. AIKEN

4 N.Y.3d 324 (2005)

828 N.E.2d 74

795 N.Y.S.2d 158

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RICHARD AIKEN, Appellant.

Court of Appeals of the State of New York.

Decided March 31, 2005.

Attorney(s) appearing for the Case

Center for Appellate Litigation, New York City (Jody Ratner and Robert S. Dean of counsel), for appellant.

Robert T. Johnson, District Attorney, Bronx (Andrew N. Sacher, Joseph N. Ferdenzi and Nancy Killian of counsel), for respondent.

Judges G.B. SMITH, CIPARICK, ROSENBLATT, GRAFFEO, READ and R.S. SMITH concur.

OPINION OF THE COURT

Chief Judge KAYE.

Before defensively using deadly physical force against another, does a defendant standing in the doorway between his apartment and the common hall of a multi-unit building have a duty under Penal Law § 35.15 to retreat into his home when he can safely do so? We answer that question in the affirmative.

Facts

Defendant and the victim were next-door neighbors in the same apartment building in the...

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