4 No. 13
The People &c.,
Respondent,
v.
Mamoun Deis,
Appellant.
_________________________________________________________________
2002 NY Int. 14
February 14, 2002
This memorandum is uncorrected and subject to revision before
publication in the New York Reports.
Elizabeth Clarke, for appellant.
Stephen K. Lindley, for respondent.
_________________________________________________________________
_________________________________________________________________
MEMORANDUM:
The order of the Appellate Division should be reversed and the
indictment dismissed, without prejudice to an application by the
People for leave to resubmit the charge of criminally negligent
homicide to a grand jury.
The facts, viewed most favorably for defendant, are as follows. On
July 13, 1997, at approximately 10 p.m., Troy Alexander, who had been
drinking since morning, entered the convenience store where defendant
worked. Inside the store, Alexander bumped into an elderly customer,
nearly toppling him, accosted another customer by grabbing her waist
and verbally abusing her when she moved away, and argued with
defendant's brother, who was working at the cash register, over the
amount of change received for beer he purchased. Irate and hostile,
Alexander physically threatened defendant's brother. Defendant asked
Alexander to leave and escorted him out of the store. Once outside,
Alexander initiated a fight with defendant. Defendant then reentered
the store, leaving Alexander outside. Alexander followed and, once
inside, began throwing food and other items about the store, and again
threatened to kill defendant and his brother. Alexander's friend was
unable to restrain him. According to defendant, Alexander punched him
in the back of the head, causing him to become disoriented. Defendant
testified that he picked up a knife that was on the counter and swung
around in an attempt to scare Alexander away. Instead, defendant
struck Alexander in the neck, killing him. Medical evidence confirmed
SNIPPETS:
The People &c., Respondent, v. Mamoun Deis, Appellant.
This memorandum is uncorrected and subject to revision before publication in the New York
The order of the Appellate Division should be reversed and the indictment dismissed, without
The facts, viewed most favorably for defendant, are as follows.
On July 13, 1997, at approximately 10 p.m., Troy Alexander, who had been drinking since
Alexander physically threatened defendant's brother.
The trial court charged the jury on justification through self defense (Penal Law § 35.15)
A jury ultimately convicted defendant of criminally negligent homicide, for which he was
The court held that no reasonable view of the evidence would have permitted the jury to find
Although Alexander had been asked to leave the store, his conduct in reentering did not
We disagree and reverse.
Additionally, a licensee present on premises open to the public loses that privilege when "he
Viewing the record in the light most favorable to the defendant, as we must (People v
Here, a trier of fact could reasonably conclude that although Alexander originally entered
Alexander's violent conduct and numerous threats to kill defendant and his brother support
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