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Matter of Argenis N

Appellate Division of the Supreme Court of New York, First Department
Jan 21, 1999
257 A.D.2d 488 (N.Y. App. Div. 1999)

Opinion

January 21, 1999.

Appeal from the Family Court, Bronx County (Harold Lynch, J.).


The court's finding was based on legally sufficient evidence and was not against the weight of the evidence. The court properly rejected appellant's justification defense. The evidence permitted the fact finder to conclude that appellant instigated the confrontation between herself and the complainant, struck the first blow in that confrontation, and did not withdraw from the confrontation. Consequently, the justification defense was not available ( see, People v. Baez, 118 A.D.2d 507; Penal Law § 35.15 [b]). Moreover, the alleged threat to appellant's safety was sufficiently attenuated in time and space to militate against the conclusion that she was in danger when she bit the complainant.

Concur — Rosenberger, J.P., Ellerin, Tom and Saxe, JJ.


Summaries of

Matter of Argenis N

Appellate Division of the Supreme Court of New York, First Department
Jan 21, 1999
257 A.D.2d 488 (N.Y. App. Div. 1999)
Case details for

Matter of Argenis N

Case Details

Full title:In the Matter of ARGENIS N., a Person Alleged to be a Juvenile Delinquent…

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

Date published: Jan 21, 1999

Citations

257 A.D.2d 488 (N.Y. App. Div. 1999)
684 N.Y.S.2d 216

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