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PEOPLE v. SUCHITE

2018-12018. Ind. No. 16-00312.

191 A.D.3d 906 (2021)

138 N.Y.S.3d 877

2021 NY Slip Op 01075

The People of the State of New York, Respondent, v. Noe Lopez Suchite, Appellant.

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

Decided February 17, 2021.

Attorney(s) appearing for the Case

John R. Lewis , Sleepy Hollow, NY, for appellant.

Thomas E. Walsh II , District Attorney, New City, NY ( Marissa L. Licata and Jacob B. Sher of counsel), for respondent.

Rivera, J.P., Duffy, Iannacci and Wooten, JJ., concur.

Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the trial court properly refused to instruct the jury on the defense of justification. "A person is justified in using deadly force against another if he or she reasonably believes such to be necessary to defend himself or herself or a third person from what he or she reasonably believes to be the use or imminent use of deadly physical force by such other person" (People v Taylor,

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