PEOPLE v. TOLBERT


203 A.D.2d 901 (1994)

611 N.Y.S.2d 384

The People of the State of New York, Respondent, v. Cecil Tolbert, Appellant

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

April 15, 1994


Judgment unanimously affirmed.

Memorandum:

Defendant was convicted, following a jury trial, of assault in the second degree as a lesser included offense of assault in the first degree and criminal possession of a weapon in the third degree, arising out of a stabbing at a shelter for homeless men. The evidence, viewed in the light most favorable to the People, establishes that defendant was the initial aggressor and that he stabbed an unarmed man in the back...

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