PEOPLE v. MORALES


127 A.D.2d 797 (1987)

The People of the State of New York, Respondent, v. Philip Morales, Appellant

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

February 17, 1987


Ordered that the judgment is affirmed.

The evidence adduced at trial supported a finding that the defendant was the aggressor and was in no manner threatened by the decedent, who was seated on the pavement, having been knocked down by a blow from a "two-by-four" piece of wood by another attacker. While the decedent was so seated and bare-handed, the defendant came behind the decedent and held him with one hand while he plunged a knife into his back twice. The defendant...

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