PEOPLE v. BARKMAN


34 N.Y.2d 624 (1974)

The People of the State of New York, Respondent, v. Robert James Barkman and Walter Stephen Menchillo, Appellants.

Court of Appeals of the State of New York.

Decided March 27, 1974.


Attorney(s) appearing for the Case

Nicholas P. Varlan, Public Defender (Leslie A. Bradshaw and Edward J. Massare of counsel), for appellants.

Jack B. Lazarus, District Attorney (Melvin Bressler and Edward J. Spires of counsel), for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, RABIN and STEVENS concur.


MEMORANDUM.

The orders of the Appellate Division should be affirmed.

Each of defendants seeks a reversal of his conviction of escape in the first degree (Penal Law, § 205.15), inter alia, on the ground that he was denied the right to offer evidence in support of the defense of justification under subdivision 2 of section 35.05 of the Penal Law.

In the colloquy incident to his motions at the close...

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