People v. Daniel
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Appeal by the defendant from a judgment of the Supreme *878Court, Kings County (Marrus, J.), rendered May 12, 2004, convicting him of assault in the second degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant and the complainant became involved in a physical dispute and the defendant stabbed the complainant with an ice pick. At trial, the defendant asserted the defense of justification.
The defendant’s challenge to the court’s “initial aggressor” instruction is without merit. The instruction was warranted because there was an issue of fact as to…
2Cases cited12 opinions
- People v. WesleyNew York Court of Appeals · 1990
- People v. BerkNew York Court of Appeals · 1996
- People v. OcampoAppellate Division of the Supreme Court of the State of New York · 2006
- People v. BarneyAppellate Division of the Supreme Court of the State of New York · 2000
- People v. CarranzaNew York Court of Appeals · 2004
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3Cited by6 opinions
- People v. ColvilleAppellate Division of the Supreme Court of the State of New York · 2010
- People v. DiGuglielmoAppellate Division of the Supreme Court of the State of New York · 2010
- Brown v. JamesDistrict Court, S.D. New York · 2023
- People v. LindseyAppellate Division of the Supreme Court of the State of New York · 2019
- The People v. Darryl BrownNew York Court of Appeals · 2019
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