PEOPLE v. SPAICH


259 A.D.2d 996 (1999)

688 N.Y.S.2d 324

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JEREMY SPAICH, Appellant.

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

Decided March 31, 1999.


Judgment unanimously affirmed.

Memorandum:

Defendant appeals from a judgment convicting him following a jury trial of murder in the second degree (Penal Law § 125.25 [1]) and other crimes. Defendant, who was 17 years old at the time of this incident, admitted to the police that he stabbed his 50-year-old neighbor with a hunting knife after the victim made homosexual advances toward him. At trial, defendant raised the affirmative defense that he acted...

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