PEOPLE v. MOJICA


264 A.D.2d 693 (1999)

696 N.Y.S.2d 30

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RAFAEL MOJICA, Appellant.

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

Decided September 30, 1999.


The court's justification charge, when read as a whole, was both legally correct and applicable to the facts, and could not have caused any prejudice to defendant. Defendant, who shot the deceased several times in the head and abdomen, based his justification defense on a claim that he was preventing the deceased from striking defendant's brother with a garbage can. We reject defendant's argument that, by making reference to a duty to "avoid" the use of force, the court gave...

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