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PEOPLE v. FELIX

24 A.D.3d 336 (2005)

805 N.Y.S.2d 825

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ONORIO FELIX, Appellant.

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

December 29, 2005.

Defendant's challenge to the court's instruction on the justification defense is unpreserved, and we decline to review it in the interest of justice. Were we to review this claim, we would find that this instruction, read as a whole (see People v. Coleman, 70 N.Y.2d 817 [1987]), sufficiently conveyed the appropriate legal standards, including the principle that defendant's duty to retreat arose at the time he exerted deadly physical...

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