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PEOPLE v. LAWYER

3276, 2904/08

76 A.D.3d 934 (2010)

907 N.Y.S.2d 495

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSHUA LAWYER, Appellant.

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

Decided September 30, 2010.

The court properly denied defendant's request for a justification charge, since there was no reasonable view of the evidence to support that defense, when viewed in the light most favorable to defendant and with due regard to defendant's right to assert inconsistent defenses. It was undisputed that defendant shot the complainant in the back of the head. The complainant testified that defendant suddenly shot him from behind. While...

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