PEOPLE v. FASON


135 A.D.2d 983 (1987)

The People of the State of New York, Respondent, v. Robert Fason, Appellant

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

December 23, 1987


Casey, J.

Defendant contends that his guilty plea should not have been accepted by County Court since the allocution indicated a defense of justification or self-defense. The allocution, however, clearly and unequivocally established that defendant was the initial aggressor in the confrontation which led to defendant's shooting of decedent, and defendant never claimed that he withdrew from the encounter. In addition, although defendant

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