PEOPLE v. BARCENA


131 A.D.2d 688 (1987)

The People of the State of New York, Respondent, v. Rafael Barcena, Appellant

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

June 15, 1987


Ordered that the judgment is affirmed.

The court's charge did not in any way suggest that the mere fact that the defendant was armed and the victim was unarmed implied that the defendant was the initial aggressor (cf., People v Childs, 21 A.D.2d 809, 810). To the contrary, the court fully and accurately instructed the jury on the law pertaining to the defense of justification put forth by the defendant, including the...

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