People v. Monaco

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

It was appellant’s contention in support of his defense of justification on trial for the killing of 13-year-old Ciprian Séptimo, Jr., that when he suddenly saw the figure of a person standing on a platform outside the third floor rear windows of the apartment building he believed that the intruder was a burglar. As part of the People’s proof in refutation of that defense the prosecutor was permitted, over protest, to introduce testimony by the boy’s school principal that the deceased lad was a delicate…