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PEOPLE v. LUBEROFF

150 A.D.2d 802 (1989)

The People of the State of New York, Respondent, v. Vincent Luberoff, Appellant

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

May 30, 1989

Ordered that the judgment is affirmed.

Because the defendant raised a justification defense, the trial court erred in restricting the defendant's testimony concerning his state of mind at the time of the assault insofar as it related to his belief that the complainant was intoxicated and therefore more likely to use a gun (People v Miller, 39 N.Y.2d 543; People v Guadalupe, 122 A.D.2d 807

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