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PEOPLE v. VALENTIN

14221, 823/09.

154 A.D.3d 474 (2017)

61 N.Y.S.3d 479

2017 NY Slip Op 07166

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CARLOS VALENTIN, Appellant.

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

Decided October 12, 2017.

In his 2015 appeal to this Court, defendant argued, among other things, that the trial court, under the facts of this case, erred by including an initial aggressor instruction in the justification charge (see Penal Law § 35.15). A majority of this Court, with one Justice dissenting, agreed, holding that the jury "could not have reasonably found that defendant was the initial aggressor because the evidence does not support...

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