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

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

DecidedNovember 16, 1987

StatusPublished

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

Pincite

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.

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Bluebook (online)

134 A.D.2d 465, 520 N.Y.S.2d 950, 1987 N.Y. App. Div. LEXIS 50657, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-schettino-nyappdiv-1987.