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PEOPLE v. RODRIGUEZ

262 A.D.2d 140 (1999)

692 N.Y.S.2d 320

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ALFREDO RODRIGUEZ, Appellant.

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

Decided June 15, 1999.

The court properly refused defendant's request to charge the justification defense since it was not supported by any reasonable view of the evidence (see, People v Reynoso, 73 N.Y.2d 816, 818), even when defendant's statements are viewed in the light most favorable to himself. Under such a view, even if defendant's claim that the decedent reached for the gun that fell from defendant's waistband could be credited, defendant nevertheless...

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