PEOPLE v. CLEVELAND


122 A.D.2d 536 (1986)

The People of the State of New York, Respondent, v. Gregory Cleveland, Appellant

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

July 11, 1986


Judgment reversed, on the law, and new trial granted.

Memorandum:

Defendant appeals from a judgment of conviction for assault in the first and second degrees arising out of a stabbing incident. At trial, defendant asserted a defense of justification (Penal Law § 35.15) and claimed that the victim came at him with a cane, struck him in the head and made other attempts to strike defendant. During her summation...

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