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PEOPLE v. MALDONADO

121 A.D.2d 400 (1986)

The People of the State of New York, Respondent, v. Israel Maldonado, Appellant

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

June 2, 1986

Judgment affirmed.

The evidence adduced amply supported a finding that the defendant did not have to use deadly physical force to avoid an attack by the deceased (see, Penal Law § 35.15; People v Doctor, 98 A.D.2d 780). Accordingly, the jury's rejection of the defense of justification should not be disturbed (see, People v Malizia, 62 N.Y.2d 755, cert denied...

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