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PEOPLE v. RIZZO
Appellate Division of the Supreme Court of New York, Second Department.
Oct 10, 1978
Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered March 17, 1976, convicting her of assault in the third degree, upon a jury verdict, and imposing sentence. Judgment reversed, on the law, and new trial ordered. On this record, it was error to deny defendant's request to charge the defense of justification (see People v Steele, 26 N.Y.2d 526; People v Carlos C., 58 A.D.2d 655; People v Ortiz, 52 A.D.2d 518). Damiani, J.P., Titone, Rabin and Margett, JJ., concur.
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