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PEOPLE v. PENA

169 Misc.2d 75 (1996)

641 N.Y.S.2d 794

The People of the State of New York, Plaintiff, v. Sigfrido Pena, Defendant.

Supreme Court, Bronx County.

February 16, 1996

Attorney(s) appearing for the Case

David J. Goldstein for defendant. Robert T. Johnson, District Attorney of Bronx County (Kenneth R. Bozza of counsel), for plaintiff.

WILLIAM C. DONNINO, J.

The initial question presented is whether a civilian who uses deadly physical force to effect the arrest of a person who has in fact just robbed that civilian and is in immediate flight from that robbery is liable for reckless homicide when the result of the use of that deadly force is to kill a person who was not the robber. The answer given by the law of New York is that there is no...

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