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People v. Veitia

Appellate Division of the Supreme Court of New York, First Department
Mar 12, 1991
171 A.D.2d 461 (N.Y. App. Div. 1991)

Opinion

March 12, 1991

Appeal from the Supreme Court, New York County, Franklin Weissberg, J., Joan B. Carey, J.


Defendant shot the deceased in the head after an argument near the steps of a crack house on Avenue C. A friend of the deceased who witnessed the shooting was also shot at by defendant and received powder burns. Contrary to defendant's unpreserved argument on appeal, the court's justification charge, read as a whole, conveyed the correct legal standards with respect to the defense of justification, including the People's burden to disprove the defense (People v McManus, 67 N.Y.2d 541; People v Jackson, 154 A.D.2d 930, lv denied 74 N.Y.2d 949).

Concur — Carro, J.P., Wallach, Ross, Kassal and Rubin, JJ.


Summaries of

People v. Veitia

Appellate Division of the Supreme Court of New York, First Department
Mar 12, 1991
171 A.D.2d 461 (N.Y. App. Div. 1991)
Case details for

People v. Veitia

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. AUGUSTIN VEITIA…

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

Date published: Mar 12, 1991

Citations

171 A.D.2d 461 (N.Y. App. Div. 1991)

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