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PEOPLE v. FRANCO

144 A.D.2d 581 (1988)

The People of the State of New York, Respondent, v. Juan Franco, Appellant

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

November 21, 1988

Ordered that the judgments are affirmed.

Reviewing the record in the light most favorable to the defendant, as we must when the issue is whether a particular theory of defense should have been charged (People v Farnsworth, 65 N.Y.2d 734), we find that although the defendant had been drinking beer and smoking marihuana prior to the fatal stabbing for which he was convicted following a jury trial, there is no evidence whatsoever...

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