PEOPLE v. GRAYDON


43 A.D.2d 842 (1974)

The People of the State of New York, Respondent, v. James Graydon, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

January 14, 1974


Judgment reversed, on the law, and new trial ordered.

We have not passed upon the findings of fact implicit in the verdict. The testimony of various witnesses was in sharp dispute as to the events leading up to the shooting of Henry Dennis by defendant. One of the central issues before the jury involved the defense of justification. The jury was properly instructed that defendant was not entitled to use physical force if he was the initial aggressor and did not communicate...

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