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PEOPLE v. POTTER

34 A.D.3d 400 (2006)

824 N.Y.S.2d 638

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL POTTER, Appellant.

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

Decided November 30, 2006.

The court accorded defendant ample scope in which to assert a claim of justification, and its rulings did not impair defendant's right to present a defense (see Crane v Kentucky, 476 U.S. 683, 689-690 [1986]). Defendant testified, among other things, that he was struggling with the deceased when a knife fell to the ground, and that although he did not know where the knife came from, he was afraid that the deceased would pick it up and...

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