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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ISRAEL MALDONADO, Appellant.

Judgment affirmed.

The evidence adduced amply supported a finding that the defendant did not have to use deadly physical force to avoid an attack by the deceased (see, Penal Law § 35.15; People v Doctor, 98 A.D.2d 780). Accordingly, the jury's rejection of the defense of justification should not be disturbed (see, People v Malizia, 62 N.Y.2d 755, cert denied 469 U.S. 932).

We find no merit to the defendant's remaining contention. Mangano, J.P., Gibbons, Niehoff and Spatt, JJ., concur.

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PEOPLE v. MALDONADO
(Jun 2, 1986)