PEOPLE v. ANDERSON

No. 23.

36 N.Y.3d 1109 (2021)

168 N.E.3d 851

144 N.Y.S.3d 678

2021 NY Slip Op 02735

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KATHON ANDERSON, Appellant.

Court of Appeals of New York.

Decided May 4, 2021.


Attorney(s) appearing for the Case

Paul Skip Laisure , Appellate Advocates, New York City ( Cynthia Colt of counsel), for appellant.

Eric Gonzalez , District Attorney, Brooklyn ( Solomon Neubort and Leonard Joblove of counsel), for respondent.


OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed.

Defendant was 14 years old when he fired a revolver in the direction of rival gang members on a public bus and killed a bystander. He then pursued the rivals on the street, continuing to shoot at them. At his jury trial on charges that included murder in the second degree, the defense was justification (see Penal Law § 35.15). A defendant is justified...

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