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PEOPLE v. SANTIAGO

166 A.D.2d 362 (1990)

The People of the State of New York, Respondent, v. Manuel Santiago, Appellant

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

October 25, 1990

Defendant, who was convicted of burglary on evidence that he was discovered, armed with a pocketknife, in the bathroom of a residential apartment, argued that he entered the premises to avoid injury from persons who followed him, and that consequently he was entitled to a justification charge. Under the facts as presented by the defense, defendant could not have been "justified" in entering with the intent to commit a crime since...

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