PEOPLE v. MONACO


57 N.Y.2d 645 (1982)

The People of the State of New York, Appellant, v. Paul Monaco, Respondent.

Court of Appeals of the State of New York.

Decided July 2, 1982.


Attorney(s) appearing for the Case

Robert M. Morgenthau, District Attorney (Norman Barclay and Mark Dwyer of counsel), for appellant.

Deborah A. Schwartz and Gustave H. Newman for respondent.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, FUCHSBERG and MEYER concur; Judge GABRIELLI concurs in result only.


MEMORANDUM.

The order of the Appellate Division should be affirmed.

It was appellant's contention in support of his defense of justification on trial for the killing of 13-year-old Ciprian Septimo, Jr., that when he suddenly saw the figure of a person standing on a platform outside the third floor rear windows of the apartment building he believed that the intruder was a burglar. As part of the People's proof in refutation...

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