PEOPLE v. GORDINEER

10929, 699/15.

181 A.D.3d 505 (2020)

120 N.Y.S.3d 39

2020 NY Slip Op 01953

The People of the State of New York, Respondent, v. Jason Gordineer, Appellant.

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

Decided March 19, 2020.


There is no reasonable interpretation of the trial testimony and evidence by which the jury could have concluded that defendant was justified in using a hypodermic needle to stab the store manager who was attempting to eject him for shoplifting. To the contrary, the testimony establishes that the manager, after defendant brandished the needle, merely warned him that, if defendant tried to stab him with it, he in turn would use the box cutter he was holding to defend himself...

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