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PEOPLE v. TILLMAN

55 A.D.3d 346 (2008)

866 N.Y.S.2d 626

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RANDY TILLMAN, Appellant.

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

October 7, 2008.

The court properly denied defendant's request to charge the jury on justification since there was no reasonable view of the evidence, viewed in the light most favorable to the defendant, to support that charge (see People v Cox, 92 N.Y.2d 1002 [1998]). The evidence established that, at the time of the assault, the victim was unarmed and backing away, and there was no evidence to the contrary...

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