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PEOPLE v. QUINONES

6477, 4267/06

91 A.D.3d 445 (2012)

936 N.Y.S.2d 161

2012 NY Slip Op 37

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. THOMAS QUINONES, Appellant.

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

Decided January 5, 2012.

The court properly denied defendant's request for a justification charge. In the circumstances of this case, defendant's entitlement to such a charge turned on whether there was a reasonable view of the evidence, viewed most favorably to defendant, that he only used nondeadly force.

In written and videotaped statements, defendant explained that, during an argument, the victim swung at defendant and missed him. Defendant...

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