PEOPLE v. DAVIS


111 A.D.2d 252 (1985)

The People of the State of New York, Respondent, v. Samuel Davis, Appellant

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

May 13, 1985


Judgment affirmed.

Our review of the evidence adduced at trial demonstrates that any rational trier of fact could have found beyond a reasonable doubt that defendant's attack upon the complainant was not justified. The People's evidence established that defendant was the initial aggressor, that the complainant was not armed, and that defendant shot the complainant twice, once in the back. The jury chose to believe the People's witnesses and, in the absence of any...

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