PEOPLE v. SMITH


62 A.D.3d 411 (2009)

878 N.Y.S.2d 49

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CHARLES SMITH, Appellant.

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

Decided May 5, 2009.


Although it admirably devoted a great deal of time to considering this very close question, the court should have instructed the jury as to justification. That defense was supported by a reasonable view of the evidence, viewed in the light most favorable to defendant. We note that defendant's contention that there were two separate incidents is extraordinarily unlikely. Nevertheless, it would not have been entirely implausible for the jury to find that there were two separate...

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