PEOPLE v. FRAZIER


141 A.D.2d 561 (1988)

The People of the State of New York, Respondent, v. James Frazier, Appellant

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

June 6, 1988


Ordered that the judgment is affirmed.

There was no proof offered at trial to indicate that the defendant believed that the victim or anyone else was about to use deadly physical force against him or his companions. Accordingly, the trial court properly refused to charge justification as a defense (see, People v Walters, 112 A.D.2d 390, lv denied 67 N.Y.2d 766). Similarly...

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