MATTER OF B.


54 A.D.2d 887 (1976)

In the Matter of Floyd B., a Person Alleged to be a Juvenile Delinquent, Appellant

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

November 30, 1976


Unanimously reversed, on the law, and the petition dismissed, without costs or disbursements.

The sole evidence at the hearing as to the slaying by appellant of his mother's paramour came from the mother and appellant, and was completely consistent with their statements on the day of the occurrence. It raised a defense of justifiable homicide in protection of both appellant and mother from assault by the decedent, which was not countered by other evidence. In these...

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