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PEOPLE v. HERNANDEZ

67 A.D.2d 988 (1979)

The People of the State of New York, Respondent, v. Felix Hernandez, Appellant

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

February 20, 1979

Judgment reversed, on the law, and new trial ordered.

No issue has been presented with respect to the facts. "In determining the requirements of the court's charge to the jury * * * defendant is entitled to the `most favorable view of the record'" (see People v Steele, 26 N.Y.2d 526, 529). Viewing the record in the light most favorable to him, it is apparent that an instruction to the jury on the defense of justification...

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