In charging the jury on the defense of justification, the court properly included the principle of duty to retreat and properly declined to include the exception to that duty applicable to a person "in his dwelling" (Penal Law § 35.15 [2] [a] [i]). The shooting occurred outside defendant's apartment in an area that was completely accessible to the public as a practical matter. This area did not constitute a part of defendant's "dwelling" for purposes of a justification...
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