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PEOPLE v. BROWN

201 A.D.2d 438 (1994)

607 N.Y.S.2d 681

The People of the State of New York, Respondent, v. James Brown, Appellant

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

February 24, 1994

The trial court properly denied defendant's request for a jury charge that defendant would be justified in using deadly physical force against the deceased upon a finding that defendant reasonably believed the deceased was about to commit a robbery against defendant. Defendant's own testimony was that, believing the victim approached for the purpose of beating him, he shot at the victim from a distance of approximately one car...

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