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PEOPLE v. BARLING

269 A.D.2d 458 (2000)

702 N.Y.S.2d 888

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BURTON E. BARLING, Appellant.

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

Decided February 14, 2000.

Ordered that the judgment is affirmed.

The trial court properly denied the defendant's request for a justification charge (see, Penal Law § 35.15). Viewing the record in a light most favorable to the defendant, no reasonable view of the evidence would have permitted the jury to conclude that the defendant reasonably believed that he was faced with the imminent use of deadly physical force (see, People v Reynoso, 73 N.Y.2d 816

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