[DOWNLOAD] "People State New York v. Dominic T. Torre" by Court of Appeals of New York # Book PDF Kindle ePub Free

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eBook details

• Title: People State New York v. Dominic T. Torre
• Author : Court of Appeals of New York
• Release Date : January 06, 1977
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 58 KB

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[42 N.Y.2d 1036 Page 1036] Memorandum. The order of the Appellate Division is reversed and a new trial ordered. The primary question at trial was whether the defendant was justified in striking the victim (Penal Law, § 35.15). During trial, defendant explained that he was drawn to the scene of the altercation when he heard his brother calling out, and upon arrival, he saw his brother lying on the ground with the victim, James Kelly, standing over him and kicking him. He further testified that he climbed over a fence which separated him from the scene of the incident, and approached Kelly who turned abruptly and swung at him with a hammer which was held in his left hand, and when defendant backed off Kelly again struck at him with a screwdriver he held in his other hand. At this point the defendant grabbed the nearest instrument and swung at Kelly, striking him in the head. Kenneth Cellilo, an eyewitness to the incident, corroborated the defendant's testimony that Kelly first swung at him with a hammer. The justification statute (Penal Law, § 35.15), as applicable in this case, sets forth two types of justification: self-defense and the defense of another. The defendant quite correctly asserted at [42 N.Y.2d 1036 Page 1037]

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