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PEOPLE v. REILLY

47 N.Y.2d 860 (1979)

The People of the State of New York, Respondent, v. Brian Reilly, Appellant.

Court of Appeals of the State of New York.

Decided June 12, 1979.

Attorney(s) appearing for the Case

William H. Roth and William E. Hellerstein for appellant.

John J. Santucci, District Attorney (Aley Z. Alexander of counsel), for respondent.

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

MEMORANDUM.

The order of the Appellate Division should be affirmed.

Viewing the evidence at trial in the light most favorable to the defendant, we find that the record affords no basis for a charge as to justification. (Penal Law, § 35.15.) Thus, it was not error for the Trial Judge to refuse defendant's request to so charge the jury. (See People v Stevenson, 31 N.Y.2d 108<...

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