PEOPLE v. LUCENA


243 A.D.2d 269 (1997)

662 N.Y.S.2d 320

The People of the State of New York, Respondent, v. Israel Lucena, Appellant

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

October 7, 1997


Viewing the evidence in the light most favorable to defendant, we find that the court properly denied defendant's request to charge justification. No version of the evidence showed that any officers used excessive force in effecting the arrest of a third person so as to justify the force used by defendant against an officer who was not even involved in the arrest (People v Frazier, 86 A.D.2d 557

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