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MATTER OF W.

61 A.D.2d 1033 (1978)

In the Matter of Charles W., Appellant

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

March 20, 1978

Order reversed, on the law and the facts, without costs or disbursements, and proceeding dismissed.

There is no dispute that on June 3, 1976 Louis Goins, while holding an iron bar in his hands, began to chase the appellant, who attempted to retreat by running behind a parked car, where Goins might be unable to reach him. Goins continued his pursuit and came within five feet of appellant. At that point, appellant threw a...

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