PEOPLE v. STEELE


19 A.D.3d 175 (2005)

798 N.Y.S.2d 391

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MELVON STEELE, Appellant.

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

June 9, 2005.


The court properly denied defendant's request for a justification charge, since there was no reasonable view of the evidence, when viewed most favorably to defendant, to support that defense. First, there was no reasonable view that defendant used anything less than deadly physical force when he assaulted the complainant with a knife. Defendant used force that was "readily capable of causing death or other serious physical injury" (Penal Law § 10.00 [11]), regardless...

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