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PEOPLE v. FIGUEROA

111 A.D.2d 765 (1985)

The People of the State of New York, Respondent, v. Michael Figueroa, Appellant

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

June 3, 1985

Judgment affirmed.

"The defense of justification * * * permits one to use deadly physical force on another when one reasonably believes that deadly physical force is being used or imminently will be used by such other person" (see, People v Watts, 57 N.Y.2d 299, 301; Penal Law § 35.15 [2] [a]).

The record reveals that the complainant was in the process of retreating...

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