PEOPLE v. POWELL


112 A.D.2d 450 (1985)

The People of the State of New York, Respondent, v. Randolph Powell, Appellant

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

July 29, 1985


Judgment reversed, on the law, and new trial ordered. No questions of fact have been raised or considered.

Defendant's sole defense at trial was that of justification. Although defendant admitted striking his brother-in-law, Herman Kirkland, with a long stick, there was conflicting testimony as to whether or not Mr. Kirkland had threatened defendant with a hammer. Penal Law § 35.15 (1) provides that a person may use...

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