PEOPLE v. COLLICE


41 N.Y.2d 906 (1977)

The People of the State of New York, Respondent, v. John Collice, Appellant.

Court of Appeals of the State of New York.

Decided March 22, 1977.


Attorney(s) appearing for the Case

James J. McDonough, Matthew Muraskin and Eugene Murphy for appellant.

Denis Dillon, District Attorney (Judith K. Rubinstein and William C. Donnino of counsel), for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.


MEMORANDUM.

Order of the Appellate Division affirmed.

On no view of the evidence has a justification defense been established. Even if defendant had actually believed that he had been threatened with the imminent use of deadly physical force, and there is no evidence that he had so believed, his reactions were not those of a reasonable man acting in self-defense (Penal Law, § 35.15). If his fear had been that...

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