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PEOPLE v. DELIN

2499, 1483/12.

145 A.D.3d 566 (2016)

2016 NY Slip Op 08465

43 N.Y.S.3d 47

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SHAO DELIN, Also Known as DE LIN SHAO, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided December 15, 2016.

As in cases such as People v Velez (131 A.D.3d 129 [1st Dept 2015]), the court's charge did not convey to the jury that an acquittal on the top count of attempted murder based on a finding of justification would preclude consideration of the other charges.

In addition, the court's charge on the use of excessive force contained a significant omission. Even if a defendant is initially justified in using deadly physical force...

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