PEOPLE v. HARPER

2008-09959.

79 A.D.3d 944 (2010)

912 N.Y.S.2d 884

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAVID HARPER, Appellant.

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

Decided December 17, 2010.


Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the trial court did not err by giving a justification charge which did not reference a third party who fought with the defendant shortly before the struggle between the defendant and the victim which resulted in the victim's demise. Viewing the evidence in the light most favorable to the defendant, we find that the defendant was not entitled to a justification instruction regarding that...

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