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PEOPLE v. ISIDORE

201 A.D.2d 932 (1994)

607 N.Y.S.2d 764

The People of the State of New York, Respondent, v. Mark Isidore, Appellant

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

February 4, 1994

Judgment unanimously affirmed.

Memorandum:

The record does not reveal that the defense of justification was raised upon the trial of the indictment charging defendant with second degree assault (Penal Law § 120.05 [2]). Neither the victim nor defendant testified at trial. In People v Steele (26 N.Y.2d 526, 528), the Court of Appeals stated: "Of course, justification, as an affirmative element, need not be disproved...

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