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State Courts -
New York - January 30, 2007
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People v. Fermin, 2004-03433, (Ind. No. 720/03),
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 30, 2007, Decided
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Overview: Because the actions of the complainant and his companions placed defendant and his brother on the defense, a justification charge with respect to a first-degree assault charge was erroneously denied. Further, based on the People's concession, the sentence imposed on the third-degree criminal possession of a weapon conviction was improper.
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