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Court of Appeals – Assault: People v. Guerra
By: Daily Record Staff//April 6, 2023
New York State Court of Appeals
Assault
Justification – Victim’s prior acts of violence
No. 12
Memorandum
Background: At issue was the admissibility of prior violent acts of victims in cases where a claim of justification is made by the defendant unless the defendant was aware of the specific acts at the time of the assault. The defendant was charged with assault after stabbing the victim in the chest with a small knife. The defendant sought to introduce evidence of specific violent conduct underlying four of the victim’s prior youthful offender adjudications to prove that the victim was the initial aggressor with respect to deadly force. The court prohibited the jury from hearing that evidence.
Ruling: The Court of Appeals affirmed. The court noted that youthful offender status provides confidentiality of the youthful offender’s record. Such a determination gives the youthful offender a fresh start without a criminal record.
Kelly A. Librera for the appellant; T. Charles Won for the respondent.
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