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People v. Matos

Appellate Division of the Supreme Court of New York, First Department
Feb 22, 1996
224 A.D.2d 326 (N.Y. App. Div. 1996)

Opinion

February 22, 1996

Appeal from the Supreme Court, Bronx County (Gerald Sheindlin, J.).


Viewing the evidence in the light most favorable to defendant ( see, People v. Steele, 26 N.Y.2d 526, 529), the court properly denied his request that it consider, as trier of the facts, the defense of temporary and lawful possession, where the record shows that defendant used the weapon in a dangerous manner ( see, People v. Williams, 50 N.Y.2d 1043; People v. Karim, 176 A.D.2d 670, lv denied 79 N.Y.2d 859) and, rather than disarming his attacker, deliberately armed himself ( cf., People v. Almodovar, 62 N.Y.2d 126).

Concur — Milonas, J.P., Wallach, Ross and Mazzarelli, JJ.


Summaries of

People v. Matos

Appellate Division of the Supreme Court of New York, First Department
Feb 22, 1996
224 A.D.2d 326 (N.Y. App. Div. 1996)
Case details for

People v. Matos

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ENRIQUE MATOS…

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

Date published: Feb 22, 1996

Citations

224 A.D.2d 326 (N.Y. App. Div. 1996)
638 N.Y.S.2d 307

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