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PEOPLE v. YATES

6177 1145/14.

160 A.D.3d 418 (2018)

70 N.Y.S.3d 837

2018 NY Slip Op 02301

The People of the State of New York, Respondent, v. Anthony Yates, Appellant.

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

Decided April 3, 2018.

At defense counsel's request, the court instructed the jury regarding justification based on a reasonable belief that the complainant was attempting to rob defendant (see Penal Law § 35.15 [2] [b]). At the People's request, and over defense objection, the court also instructed the jury regarding justification based on a reasonable belief that the complainant was using, or was about to use, deadly physical force against...

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