People v. Bayron

Appellate Division of the Supreme Court of New York

People v. Bayron

151 A.D.2d 962, 542 N.Y.S.2d 62, 1989 N.Y. App. Div. LEXIS 8265

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 2, 1989

StatusPublished

Cited by1 cases

This text of 151 A.D.2d 962 (People v. Bayron) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Bayron, 151 A.D.2d 962, 542 N.Y.S.2d 62, 1989 N.Y. App. Div. LEXIS 8265 (N.Y. Ct. App. 1989).

Pincite

Opinion

Judgment unanimously affirmed. Memorandum: The trial court’s instructions on the duty to retreat were entirely proper because the incident occurred in a common area of the prison in which defendant was incarcer[963]*963ated and there was evidence in the record which could rationally support a finding that defendant could have safely retreated (see, Penal Law § 35.15 [2] [a]; People v Barcena, 131 AD2d 688, 689, lv denied 70 NY2d 709). We have reviewed the remaining contentions, including those raised by defendant in his supplemental pro se brief, and we find them to be lacking in merit. (Appeal from judgment of Cayuga County Court, Corning, J. — murder, second degree; promoting prison contraband, first degree.) Present — Dillon, P. J., Doerr, Green, Pine and Davis, JJ.

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Judgment unanimously affirmed. Memorandum: The trial court’s instructions on the duty to retreat were entirely proper because the incident occurred in a common area of the prison in which defendant was incarcer[963]*963ated and there was evidence in the record which could rationally support a finding that defendant could have safely retreated (see, Penal Law § 35.15 [2] [a]; People v Barcena, 131 AD2d 688, 689, lv denied 70 NY2d 709). We have reviewed the remaining contentions, including those raised by defendant in his supplemental pro se brief, and we find them to be lacking in merit. (Appeal from judgment of Cayuga County Court, Corning, J. — murder, second degree; promoting prison contraband, first degree.) Present — Dillon, P. J., Doerr, Green, Pine and Davis, JJ.

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Bluebook (online)

151 A.D.2d 962, 542 N.Y.S.2d 62, 1989 N.Y. App. Div. LEXIS 8265, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-bayron-nyappdiv-1989.

Opinion

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