PEOPLE v. MUNGIN


106 A.D.2d 519 (1984)

The People of the State of New York, Respondent, v. John Mungin, Appellant

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

December 17, 1984


Judgment affirmed.

A review of the record clearly indicates that the defendant's guilt was proven beyond a reasonable doubt. Moreover, no reasonable view of the evidence supports a defense of justification. While the decedent may have provoked the first altercation between the parties, it is undisputed that the defendant was the initial aggressor in the subsequent altercation which resulted in the shooting death of the decedent. The evidence established that following...

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