MATTER OF ARGENIS N.


257 A.D.2d 488 (1999)

684 N.Y.S.2d 216

In the Matter of ARGENIS N., a Person Alleged to be a Juvenile Delinquent, Appellant.

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

Decided January 21, 1999.


The court's finding was based on legally sufficient evidence and was not against the weight of the evidence. The court properly rejected appellant's justification defense. The evidence permitted the fact finder to conclude that appellant instigated the confrontation between herself and the complainant, struck the first blow in that confrontation, and did not withdraw from the confrontation. Consequently, the justification defense was not available (see, People v Baez,...

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