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PEOPLE v. KREBS

11 A.D.3d 713 (2004)

784 N.Y.S.2d 564

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LARRY KREBS, Appellant.

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

October 25, 2004.

Ordered that the judgment is affirmed.

The Supreme Court properly denied the defendant's request for a justification charge since no reasonable view of the evidence supported such a charge. The defendant stabbed the victim in the neck, when the victim was unarmed, 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

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