PEOPLE v. FRAZIER


184 A.D.2d 284 (1992)

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

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

June 11, 1992


Defendant entered his girlfriend's apartment, loaded a gun, and fired it at the unarmed deceased numerous times. Defendant claimed that he saw the deceased reaching for a gun. The court properly exercised its discretion by excluding evidence of defendant's hearsay declarations regarding his fear of the deceased, especially in view of the extensive evidence admitted regarding the victim's reputation for violence and his specific acts of violence (People v Miller,

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