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PEOPLE v. COTTO

1501/14, 9413, 3252/14, 9412.

172 A.D.3d 595 (2019)

101 N.Y.S.3d 316

2019 NY Slip Op 04084

The People of the State of New York, Respondent, v. Jonathan Cotto, Appellant.

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

Decided May 28, 2019.

The court providently exercised its discretion when it included the concept of the duty to retreat in its justification charge. The evidence introduced by both sides, viewed as a whole, presented a jury issue as to whether defendant had a duty to retreat. The standard charge sufficiently conveyed the principle that defendant's duty to retreat arose at the time deadly physical force was contemplated or threatened (see People...

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