People v. Schettino

Appellate Division of the Supreme Court of New York

People v. Schettino

134 A.D.2d 465, 520 N.Y.S.2d 950, 1987 N.Y. App. Div. LEXIS 50657

Appellate Division of the Supreme Court of the State of New York·Decided November 16, 1987·Published

Opinion

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Kooper, J.), rendered May 21, 1985, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.

Ordered that that judgment is affirmed.

The court properly refused to charge, as part of the law on justification, that the defendant did not have a duty to retreat, as the crime took place outside of his apartment building in a place that was not a part of his dwelling as a matter of law (see, People v Collice, 41 NY2d 906; People u Childs, 21 AD2d 809). Mollen, P. J., Brown, Rubin and Spatt, JJ., concur.

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Appeal by the defendant from a judgment of the Supreme Court, Kings County (Kooper, J.), rendered May 21, 1985, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.

Ordered that that judgment is affirmed.

The court properly refused to charge, as part of the law on justification, that the defendant did not have a duty to retreat, as the crime took place outside of his apartment building in a place that was not a part of his dwelling as a matter of law (see, People v Collice, 41 NY2d 906; People u Childs, 21 AD2d 809). Mollen, P. J., Brown, Rubin and Spatt, JJ., concur.

People v. Schettino, 134 A.D.2d 465, 520 N.Y.S.2d 950, 1987 N.Y. App. Div. LEXIS 50657 (N.Y. Ct. App. 1987).

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134 A.D.2d 465 (People v. Schettino) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.