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PEOPLE v. SCHETTINO

134 A.D.2d 465 (1987)

The People of the State of New York, Respondent, v. Joseph Schettino, Jr., Appellant

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

November 16, 1987

Ordered that that judgment is affirmed.

The court properly refused to charge, as part of the law on justification, that the defendant did not have a duty to retreat, as the crime took place outside of his apartment building in a place that was not a part of his dwelling as a matter of law (see, People v Collice, 41 N.Y.2d 906; People v Childs, 21 A.D.2d 809

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