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People v. Loria

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 5, 1993
190 A.D.2d 1006 (N.Y. App. Div. 1993)

Opinion

February 5, 1993

Appeal from the Monroe County Court, Maloy, J.

Present — Denman, P.J., Balio, Lawton, Fallon and Doerr, JJ.


Judgment unanimously reversed on the law and new trial granted on count two of the indictment; indictment otherwise dismissed without prejudice to the People to re-present any appropriate charge to another Grand Jury. Memorandum: Defendant contends that County Court erred in refusing his request to charge the defense of justification. Because the evidence failed to establish that defendant reasonably believed that the victim was about to use deadly physical force, the court properly refused to charge that defense (see, People v Reynoso, 73 N.Y.2d 816, 818; People v Watts, 57 N.Y.2d 299). Reversal is mandated, however, because County Court prohibited defendant from testifying to the victim's threats against him, which were related to him by third persons. That evidence did not constitute inadmissible double hearsay because it was not introduced for the truth of the matter, but rather to establish the states of mind of defendant and the victim (see, People v Miller, 39 N.Y.2d 543, 549; People v Henderson, 162 A.D.2d 1038; People v Font, 160 A.D.2d 299, lv denied 76 N.Y.2d 734). The court's improper ruling precluded competent evidence that might have supported defendant's claim that he reasonably believed that the victim was about to use deadly physical force against him, and prevented him from presenting adequate evidence to support a defense of justification (see, People v Henderson, supra; People v Dixon, 138 A.D.2d 929, 930).


Summaries of

People v. Loria

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 5, 1993
190 A.D.2d 1006 (N.Y. App. Div. 1993)
Case details for

People v. Loria

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. THEODORE LORIA…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Feb 5, 1993

Citations

190 A.D.2d 1006 (N.Y. App. Div. 1993)
593 N.Y.S.2d 629

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