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PEOPLE v. MORALES

11 A.D.3d 259 (2004)

782 N.Y.S.2d 437

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANTONIO MORALES, Appellant.

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

October 12, 2004.

The court properly declined to charge justification since there was no reasonable view of the evidence, when viewed most favorably to defendant, to support such a defense. Even under defendant's version of the facts, he was clearly the initial aggressor when he pointed a pistol at his naked, unarmed victim (see People v Ross, 197 A.D.2d 713, 714 [1993], lv denied 82 N.Y.2d 902 [1993]; People v Casado,

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