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PEOPLE v. WATSON

No. 7.

20 N.Y.3d 1018 (2013)

985 N.E.2d 1227

963 N.Y.S.2d 166

2013 NY Slip Op 786

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CARL WATSON, Appellant.

Court of Appeals of New York.

Decided February 7, 2013.

Attorney(s) appearing for the Case

Lynn W.L. Fahey , Appellate Advocates, New York City ( A. Alexander Donn and Katherine A. Levine of counsel), for appellant.

Charles J. Hynes , District Attorney, Brooklyn ( Camille O'Hara Gillespie and Leonard Joblove of counsel), for respondent.

Chief Judge LIPPMAN and Judges GRAFFEO, READ, SMITH and PIGOTT concur.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed.

Defendant fatally shot Livingston Powell, and was prosecuted for murder. His defense was justification. Defendant testified at trial that he panicked and shot Powell when he saw Powell reach for his waist. There was no evidence that Powell had a weapon at the time.

Under Penal Law § 35.15, defendant's shooting of Powell could have been justified...

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