PEOPLE v. BROWN

971/14, 4634.

160 A.D.3d 39 (2018)

71 N.Y.S.3d 422

2018 NY Slip Op 01173

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DARRYL BROWN, Appellant.

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

Decided February 20, 2018.


Attorney(s) appearing for the Case

Kohler & Isaacs, LLP, New York City ( Joey Jackson of counsel), for appellant.

Darcel D. Clark , District Attorney, Bronx ( Clara H. Salzberg and Justin Braun of counsel), for respondent.

KAPNICK and KERN, JJ., concur with RICHTER, J.P.; KAHN, J., dissents in a separate opinion in which GISCHE, J., concurs.


OPINION OF THE COURT

In this homicide prosecution, we are asked to determine whether the trial court erred in denying defendant's request to instruct the jury on the defense of justification. We find that, viewing the evidence at trial in the light most favorable to defendant, a jury could conclude that defendant feared for...

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