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PEOPLE v. COX

92 N.Y.2d 1002 (1998)

707 N.E.2d 428

684 N.Y.S.2d 473

The People of the State of New York, Respondent, v. Rodney Cox, Appellant.

Court of Appeals of the State of New York.

Decided December 17, 1998.

Attorney(s) appearing for the Case

Frank J. Loss, New York City, and M. Sue Wycoff for appellant.

Richard A. Brown, District Attorney of Queens County, Kew Gardens (Nicole Beder and John M. Castellano of counsel), for respondent.

Chief Judge KAYE and Judges BELLACOSA, CIPARICK and WESLEY concur; Judge LEVINE dissents and votes to reverse in an opinion in which Judge SMITH concurs.

MEMORANDUM.

The order of the Appellate Division should be affirmed.

On October 13, 1993, defendant was visiting Tanisha Brewster when her boyfriend, Eric Copeland, forced his way into her apartment. Once inside, Copeland, nicknamed "Bear" because of his size, told defendant to leave. When defendant refused, a dispute ensued and Copeland punched defendant twice, knocking...

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