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PEOPLE v. RODRIGUEZ

Ind. No. 4059/13. Appeal No. 14567. Case No. 2018-5684.

199 A.D.3d 471 (2021)

154 N.Y.S.3d 229

2021 NY Slip Op 06101

The People of the State of New York, Respondent, v. Sergio Rodriguez, Appellant.

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

Decided November 9, 2021.

Attorney(s) appearing for the Case

Robert S. Dean , Center for Appellate Litigation, New York ( Claudia Trupp of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York ( Noreen M. Stackhouse of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Oing, Moulton, Scarpulla, JJ.

The verdict rejecting defendant's justification defense was based on legally sufficient evidence and was not against the weight of the evidence (see People v Danielson, 9 N.Y.3d 342, 348-349 [2007]). Defendant claims that he stabbed the victim in order to avoid being strangled. However, the evidence supports a finding that, during an altercation, the victim grabbed defendant by the throat...

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