In re Robert S.

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, without costs.

At the fact-finding hearing in Family Court, appellant’s defense to the charge that he had committed an act which if committed by an adult would constitute the crime of murder in the second degree was justification by way of self-defense (Penal Law, § 35.15, subd 2, par [a]). It was undisputed that the victim, William Kirwan, had initiated an attack on appellant and that appellant had inflicted the stab wounds causing Kirwan’s death.

Appellant offered evidence as to Kirwan’s propensity for…