PEOPLE v. DOUGLAS


29 A.D.3d 47 (2006)

809 N.Y.S.2d 36

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CAMILLO DOUGLAS, Appellant.

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

February 7, 2006.


Attorney(s) appearing for the Case

Robert S. Dean, Center for Appellate Litigation, New York City (Jonathan M. Kirshbaum of counsel), for appellant.

Robert T. Johnson, District Attorney, Bronx (Peter A. Sell and Karen Swiger of counsel), for respondent.

TOM, J.P., MAZZARELLI, ANDRIAS and FRIEDMAN, JJ., concur.


OPINION OF THE COURT

GONZALEZ, J.

A criminal defendant asserting the defense of justification is entitled to introduce evidence bearing on the reasonableness of his belief that the victim was about to use imminent deadly physical force against him (Penal Law § 35.15 [2] [a]). In this case, the trial court erred in precluding evidence that defendant was kidnapped and threatened by gang members associated...

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