PEOPLE v. LUGO


291 A.D.2d 359 (2002)

739 N.Y.S.2d 32

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PEDRO LUGO, Appellant.

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

Decided February 28, 2002.


The verdict was based on legally sufficient evidence and was not against the weight of the evidence. The People disproved defendant's justification defense beyond a reasonable doubt. Even if defendant subjectively believed that the complainant was about to use deadly physical force against him, based upon the prior incident in defendant's apartment, such belief was not objectively reasonable given that the complainant had left the apartment and was fleeing down the hallway...

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