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PEOPLE v. WHITE

127 Misc.2d 219 (1984)

The People of the State of New York, Plaintiff, v. Clarence White, Defendant.

Supreme Court, Criminal Term, Queens County.

November 26, 1984

Attorney(s) appearing for the Case

John J. Santucci, District Attorney, for plaintiff. Richard Maltz for defendant.

WILLIAM D. FRIEDMANN, J.

DECISION ON REQUEST TO CHARGE

NECESSITY OF RETREAT

Defendant, having raised the issue of self-defense, requested a "Defense of Justification" charge, under Penal Law § 35.15 (use of physical force in defense of a person). The People requested that the restrictive retreat provision of Penal Law § 35.15 (2) (a) (i) also be charged.

These requests, therefore, placed in prospective whether an...

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