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PEOPLE v. GOLDSTEIN

120 A.D.2d 471 (1986)

The People of the State of New York, Appellant, v. Ilia Goldstein, Respondent

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

May 29, 1986

In support of its decision from the Bench to grant defendant's motion to set aside the verdict and dismiss the indictment, Criminal Term articulated four reasons: (1) the People had failed to "make out a prima facie case of identification"; (2) it was error for the court not to have charged the jury upon the defense of justification (Penal Law § 35.05); (3) the evidence established the defense of justification as a matter of...

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