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People v. Lucena

Appellate Division of the Supreme Court of New York, First Department
Oct 7, 1997
243 A.D.2d 269 (N.Y. App. Div. 1997)

Opinion

October 7, 1997

Appeal from Supreme Court, New York County (Budd Goodman, J.).


Viewing the evidence in the light most favorable to defendant, we find that the court properly denied defendant's request to charge justification. No version of the evidence showed that any officers used excessive force in effecting the arrest of a third person so as to justify the force used by defendant against an officer who was not even involved in the arrest ( People v Frazier, 86 A.D.2d 557, lv denied 56 N.Y.2d 651; see also, People v England, 191 A.D.2d 706).


Summaries of

People v. Lucena

Appellate Division of the Supreme Court of New York, First Department
Oct 7, 1997
243 A.D.2d 269 (N.Y. App. Div. 1997)
Case details for

People v. Lucena

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ISRAEL LUCENA…

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

Date published: Oct 7, 1997

Citations

243 A.D.2d 269 (N.Y. App. Div. 1997)
662 N.Y.S.2d 320

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