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PEOPLE v. LAYNE

2884/13. 10342A. 10342.

177 A.D.3d 477 (2019)

114 N.Y.S.3d 289

2019 NY Slip Op 08274

The People of the State of New York, Respondent, v. Malik Layne, Appellant.

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

Decided November 14, 2019.

The court providently exercised its discretion when, in response to the People's exception to the court's original justification charge, it added the principle of duty to retreat. The evidence presented a jury question regarding defendant's ability to retreat safely, and the language employed by the court sufficiently conveyed the principle that the duty to retreat arose at the time defendant used deadly physical force (see...

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