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PEOPLE v. BROWN

204 A.D.2d 653 (1994)

614 N.Y.S.2d 235

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

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

May 23, 1994

Ordered that the judgment is affirmed.

The defendant's contention that the People failed to disprove his justification defense beyond a reasonable doubt is unpreserved for appellate review (see, CPL 470.05 [2]) and, in any event, without merit. It is well established that justification is not a defense to the use of deadly physical force unless the actor reasonably believes that another person is about to use deadly...

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