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PEOPLE v. FLOYD

34 A.D.3d 494 (2006)

823 N.Y.S.2d 532

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. YAJI FLOYD, Appellant.

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

Decided November 8, 2006.

Ordered that the judgment is affirmed.

The defendant contends that he was denied a fair trial by the court's justification charge, which included allegedly unwarranted instructions concerning the principles of provocation and "initial aggressor." However, the defendant's argument is partially unpreserved for appellate review. The defendant opposed the court's instruction on provocation, thus preserving this argument for...

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