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PEOPLE v. GARCIA

59 A.D.3d 211 (2009)

873 N.Y.S.2d 52

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CESAR GARCIA, Appellant.

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

Decided February 10, 2009.

The court properly denied defendant's request for a justification charge, since there was no reasonable view of the evidence, when viewed in the light most favorable to defendant, that would support that charge (see People v Watts, 57 N.Y.2d 299, 301-302 [1982]). It was undisputed that after defendant's stepson, who was unarmed, struck defendant a single blow with his hand, defendant struck his stepson on the head and shoulder with...

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