PEOPLE v. HANDY


62 A.D.2d 973 (1978)

The People of the State of New York, Respondent, v. Jerome Handy, Appellant

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

April 27, 1978


It was error for the court to refuse to charge the jury on justification. The prosecution's key witness was a 14-year-old girl who saw most, but not all, of the incident culminating in the fatal shooting. Her account that she saw defendant shoot Edwards while Edwards held his hands, upraised, differed from an earlier version. On cross-examination she conceded that she had once told an investigator that she lost sight of Edwards as he backed up because her line of vision was...

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