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People v McNeal (David)
2006 NY Slip Op 50842(U) [11 Misc 3d 145(A)]
Decided on May 11, 2006
Appellate Term, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on May 11, 2006
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: DAVIS, J.P., GANGEL-JACOB, J.
570334/04

People of the State of New York, Respondent,

against

David McNeal, Defendant-Appellant.


Defendant appeals from a judgment of the Criminal Court, New York County (A. Kirke Bartley, Jr., J.), rendered April 14, 2004, after a jury trial, convicting him of harassment in the second degree and imposing sentence.


PER CURIAM:

Judgment of conviction (A. Kirke Bartley, Jr., J.), rendered April 14, 2004, affirmed.

The trial court properly denied defendant's request for a justification charge. There was no reasonable view of the evidence that would support a finding that defendant reasonably believed that he was about to suffer an "imminent or unavoidable harm" (see People v Reynoso, 73 NY2d 816, 818 [1988]; People v Anyakora, 238 AD2d 216 [1997], lv denied 90 NY2d 854 [1997]), or that as the initial aggressor, defendant had "withdrawn from the encounter and effectively communicated such withdrawal" to the complainant (Penal Law § 35.15[1][b]).

This constitutes the decision and order of the court.
Decision Date: May 11, 2006