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PEOPLE v. BONILLA

51 A.D.3d 585 (2008)

860 N.Y.S.2d 16

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JASON BONILLA, Appellant.

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

Decided May 29, 2008.

The court properly rejected defendant's request for a justification charge since there was no reasonable view of the evidence, viewed in a light most favorable to defendant, that would support such a charge (see People v Cox, 92 N.Y.2d 1002 [1998]). Such a defense would have called upon the jury to speculate as to an alternative scenario that was not supported by any evidence. Neither the physical evidence nor any testimony supported...

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