PEOPLE v. CRESPO


64 A.D.2d 529 (1978)

The People of the State of New York, Respondent, v. Jose Crespo, Appellant

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

July 11, 1978


Defendant-appellant was tried, together with his codefendant Sierra, on a six-count indictment, and convicted of assault, second degree; Sierra was acquitted. Defendant's main point on this appeal is founded on his claim that his defense of justification for use of a knife in the belief that he was about to be shot was not disproved beyond a reasonable doubt. (Penal Law, § 35.10, subd 6; § 25.00, subd 1.) We find in this connection that the verdict of conviction...

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