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PEOPLE v. ROSA

56 A.D.2d 820 (1977)

The People of the State of New York, Respondent, v. Samuel Rosa, Also Known as Shorty, Appellant

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

March 31, 1977

An argument ensued between the deceased and one Rodriguez. The latter punched the deceased, knocking him to the ground. As deceased was struggling to his feet Rodriguez grabbed him by the coat and stabbed him in the abdomen with a bayonet. The deceased, despite his wound, traded punches with Rodriguez. At this time the defendant, with an open knife in his hand, placed himself behind the deceased. At this point bystanders tried to...

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