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PEOPLE v. VALLES

62 N.Y.2d 36 (1984)

The People of the State of New York, Appellant, v. Robert Valles, Respondent.

Court of Appeals of the State of New York.

Decided May 8, 1984.

Attorney(s) appearing for the Case

Mario Merola, District Attorney (Mark L. Freyberg and Steven R. Kartagener of counsel), for appellant.

Barry C. Scheck and Lawrence A. Vogelman for respondent.

Judges JASEN, JONES and SIMONS concur with Judge WACHTLER; Judge KAYE concurs in result in a separate opinion in which Chief Judge COOKE concurs; Judge MEYER dissents and votes to affirm in another opinion.

WACHTLER, J.

Defendant was arrested and charged with having shot and killed a man. Exercising his right to testify before the Grand Jury, defendant asserted that the shooting occurred as the result of his efforts to protect his stepdaughter from an attack. The charge of murder in the second degree,* and upon defendant's specific request, the complete defense of justification, were...

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