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Court of Appeals of New York


PEOPLE v. HERNANDEZ, 1 No. 61

In asserting a justification defense to homicide, defendant had a duty to retreat from an apartment lobby and stairwell, as these areas were not part of his dwelling under Penal Code section 35.12(2)(a)(i).

Appellate Information

  • Decided 06/13/2002
  • Published 06/13/2002

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  • Court of Appeals of New York

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