PEOPLE v. VAN ALLEN


216 A.D.2d 39 (1995)

627 N.Y.S.2d 664

The People of the State of New York, Respondent, v. Melvin Van Allen, Appellant

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

June 8, 1995


Defendant's contention that he was denied his due process right to a fair trial when the trial court, over his objection, instructed the jury that he had a duty to retreat and omitted requested language from the justification charge concerning the defense of third parties, is without merit. Since the court made several references to the necessity of defending another person who is confronted with deadly physical force, defendant has no reason to take exception to the charge...

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