PEOPLE v. DANIEL


35 A.D.3d 877 (2006)

828 N.Y.S.2d 125

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HOLLIS DANIEL, Appellant.

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

Decided December 26, 2006.


Ordered that the judgment is affirmed.

The defendant and the complainant became involved in a physical dispute and the defendant stabbed the complainant with an ice pick. At trial, the defendant asserted the defense of justification.

The defendant's challenge to the court's "initial aggressor" instruction is without merit. The instruction was warranted because there was an issue of fact as to whether the defendant was the initial aggressor in the use of deadly...

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