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PEOPLE v. BERTONE

213 A.D.2d 417 (1995)

624 N.Y.S.2d 879

The People of the State of New York, Respondent, v. Robert Bertone, Appellant

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

March 6, 1995

Ordered that the judgment is affirmed.

The defendant contends that the court erred in rejecting his request to charge the jury that he was justified in using deadly physical force in order to prevent the commission of a robbery or a burglary (see, Penal Law § 35.15 [2] [b], [c]; § 35.20 [3]). We disagree. Viewing the testimony in the light most favorable to the defendant (see, People v Watts, 57 N.Y.2d 299

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