PEOPLE v. RICHARD

Ind. No. 925/16. Appeal No. 13677. Case No. 2019-5664.

193 A.D.3d 621 (2021)

142 N.Y.S.3d 811

2021 NY Slip Op 02500

The People of the State of New York, Respondent, v. Anthony Richard, Appellant.

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

Decided April 27, 2021.


Attorney(s) appearing for the Case

Robert S. Dean , Center for Appellate Litigation, New York ( Mark W. Zeno of counsel), for appellant.

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

Concur— Gische, J.P., Kern, Mazzarelli, Kennedy, JJ.


Defendant was not entitled to a deadly force justification instruction based on his 911 call after the assault and other out-of-court statements in which he asserted, in substance, that he had disarmed a knife-wielding attacker. In his trial testimony, defendant expressly testified that these statements, which were introduced during the People's case, were untrue, and he unequivocally testified that neither he nor the victim had a knife. We do not reject defendant's claim...

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