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PEOPLE v. DUREN

234 A.D.2d 560 (1996)

652 N.Y.S.2d 297

The People of the State of New York, Respondent, v. Kevin Duren, Appellant

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

December 23, 1996

Ordered that the judgment is affirmed.

Inasmuch as the crime took place in the lobby of the defendant's apartment building and not "in his dwelling" (Penal Law § 35.15 [2] [a] [i]; People v Gaines, 229 A.D.2d 448), the court properly refused to charge, as part of the law of justification, that the defendant did not have a duty to retreat. Upon the exercise of our factual review power, we are satisfied that the guilty...

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