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PEOPLE v. MARQUEZ

8 A.D.3d 588 (2004)

779 N.Y.S.2d 214

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN MARQUEZ, Appellant.

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

June 21, 2004.

Ordered that the judgment is affirmed.

The evidence before the grand jury established that when the defendant slashed the victim across the chest with a box cutter, the victim was not armed, and the defendant had no reason to believe that the victim was carrying a weapon or was about to use deadly physical force against him (see People v Reynoso, 73 N.Y.2d 816 [1988]; People v Hosein, 221 A.D.2d 563...

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