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PEOPLE v. AUSTIN

2010-10744, Ind. No. 1469/09.

134 A.D.3d 850 (2015)

22 N.Y.S.3d 457

2015 NY Slip Op 09112

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RODWELL AUSTIN, Appellant.

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

Decided December 9, 2015.

Ordered that the judgment is reversed, on the law, and the matter is remitted to the Supreme Court, Kings County, for a new trial.

A person is justified in using deadly physical force against another if he or she reasonably believes such to be necessary to defend himself or herself or a third person from what he or she reasonably believes to be the use or imminent use of deadly physical force by such other person (see Penal Law § 35.15 [2]; People v...

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