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PEOPLE v. SORIANO

188 A.D.2d 420 (1992)

The People of the State of New York, Respondent, v. Delsio Soriano, Appellant

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

December 22, 1992

Viewing the evidence in a light most favorable to the People (People v Contes, 60 N.Y.2d 620), the defense of justification was disproven beyond a reasonable doubt, there being legally sufficient evidence to support a finding that defendant was the initial aggressor and that the victim was initially unarmed (Penal Law § 35.15 [1] [b]). Verbal provocation would not have justified defendant's use of physical force (People v...

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