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PEOPLE v. RKEIN

No. 31.

33 N.Y.3d 1001 (2019)

2019 NY Slip Op 03528

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HASSAN RKEIN, Appellant.

Court of Appeals of New York.

Decided May 7, 2019.

Attorney(s) appearing for the Case

Christina A. Swarns , Office of the Appellate Defender, New York City ( Mandy E. Jaramillo and Eunice C. Lee of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York City ( Jared Wolkowitz and Karen Schlossberg of counsel), for respondent.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed. Defendant's request for a justification instruction with respect to the second-degree assault charge was properly denied. On this record, the trial court appropriately determined that, if the jury convicted defendant of second-degree assault by means of a dangerous instrument (Penal Law § 120.05 [2]), it necessarily...

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