PEOPLE v. SVITZER


51 A.D.2d 935 (1976)

The People of the State of New York, Respondent, v. Anthony Svitzer, Appellant

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

March 18, 1976


The criticisms of the Judge's charge appear to be in the nature of appellate counsel's afterthoughts; trial counsel nowhere hinted that the charge was insufficient in these respects; and we think the charge was correct and fair. But on the facts in this case we think that reasonable doubt exists as a matter of law as to the defense of justification. Appellant, having slapped his girl friend in the street, was set upon by a gang of youths; after a fight in which he was beaten...

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