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PEOPLE v. BAYRON

151 A.D.2d 962 (1989)

The People of the State of New York, Respondent, v. Victor Bayron, Appellant

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

June 2, 1989

Judgment unanimously affirmed.

Memorandum:

The trial court's instructions on the duty to retreat were entirely proper because the incident occurred in a common area of the prison in which defendant was incarcerated and there was evidence in the record which could rationally support a finding that defendant could have safely retreated (see, Penal Law § 35.15 [2] [a]; People v Barcena,

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