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PEOPLE v. DAVIS

293 A.D.2d 486 (2002)

739 N.Y.S.2d 635

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAMIEN DAVIS, Appellant.

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

Decided April 1, 2002.

Ordered that the judgment is affirmed.

The trial court properly refused to charge the defense of justification. No reasonable view of the evidence established the basic elements of that defense (see People v Butts, 72 N.Y.2d 746). Furthermore, the defendant's claim that his counsel was ineffective because he failed to make a specific argument in support of a justification charge is without merit. A justification defense would...

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