PEOPLE v. DAVIS


232 A.D.2d 209 (1996)

648 N.Y.S.2d 79

The People of the State of New York, Respondent, v. Ronald Davis, Appellant

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

October 8, 1996


The trial court properly declined to charge the jury on the defense of justification since there was no objective view of the evidence that would support a finding that defendant's belief that the victim was using or about to use deadly physical force was reasonable (Penal Law § 35.15 [2] [a]; Matter of Y. K., 87 N.Y.2d 430) at the time defendant fatally shot the victim. Although defendant testified that the victim reached toward...

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