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PEOPLE v. DAVIS

9939, 4261/14.

176 A.D.3d 634 (2019)

109 N.Y.S.3d 222

2019 NY Slip Op 07754

The People of the State of New York, Respondent, v. Oliver Davis, Appellant.

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

Decided October 29, 2019.

Attorney(s) appearing for the Case

Christina A. Swarns , Office of the Appellate Defender, New York ( Stephen Chu of counsel), and Cleary Gottlieb Steen & Hamilton LLP, New York ( Georgia V. Kostopoulos of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York ( David M. Cohn of counsel), for respondent.

Concur—Richter, J.P., Gische, Kapnick, Kern, Moulton, JJ.

Defendant was charged with attempted assault in the first degree and assault in the second degree, based on an incident during which he stabbed a man in a building where they both resided. Defendant asked the court to give a justification charge on the use of deadly force both in defense of a person and to prevent a burglary or attempted burglary. Defendant also asked the court, pursuant to People v Velez (131 A.D.3d 129 [1st Dept...

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