The court properly denied defendant's request for a justification charge because there was no reasonable view of the evidence, viewed in the light most favorable to the defense, to support such a charge. There was no reasonable view of the evidence that when he broke a bottle over the victim's head, defendant subjectively believed that he was in imminent danger of being subjected to deadly physical force (see People v Watts,
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PEOPLE v. ASH
Ind Nos. 1240/16, 3784/16. Appeal No. 15545. Case No. 2018-3065.
203 A.D.3d 548 (2022)
162 N.Y.S.3d 694
2022 NY Slip Op 01883
The People of the State of New York, Respondent, v. Damon Ash, Appellant.
Appellate Division of the Supreme Court of New York, First Department.https://leagle.com/images/logo.png
Decided March 17, 2022.
Decided March 17, 2022.
Attorney(s) appearing for the Case
Caprice R. Jenerson , Office of the Appellate Defender, New York ( Margaret E. Knight of counsel), for appellant.
Cyrus R. Vance, Jr. , District Attorney, New York ( Alice Wiseman of counsel), for respondent.
Concur—Kapnick, J.P., Mazzarelli, Friedman, Gesmer, Oing, JJ.
Appellate Division of the Supreme Court of New York, First Department.
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