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PEOPLE v. ARZU

7 A.D.3d 458 (2004)

777 N.Y.S.2d 485

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PETER ARZU, Appellant.

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

May 27, 2004.

Viewing the evidence, as we must, in the light most favorable to defendant (see People v Padgett, 60 N.Y.2d 142, 144-145 [1983]), there was sufficient evidence to entitle defendant to have the jury charged regarding the defense of justification. The court's failure to give the jury the requested instruction deprived defendant of a fair trial, and requires a remand for a new trial.

Defendant was indicted for attempted murder...

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