The evidence disproved defendant's justification defense beyond a reasonable doubt. There is no basis for disturbing the jury's determinations concerning credibility (see People v Gaimari, 176 N.Y. 84, 94 [1903]). The credible evidence established that the victim did not produce a knife until after defendant had already broken the victim's arm with a bat. Moreover, defendant had the opportunity to retreat from the encounter but failed to do so.
The court properly...
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