NEW YORK (CBSNewYork) – Naeem Davis was arraigned Tuesday in the fatal pushing of a man from a Midtown Manhattan subway platform in December.

Ki-Suck Han, 58, was killed when he was unable to get off the tracks at the 49th Street station after being pushed from the platform.

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Davis pleaded not guilty to murder and manslaughter charges.

Defense attorney Stephen Pokart hinted to the judge that the push was somehow justified, that the victim was the aggressor  pursuing the defendant along the subway platform, refusing to leave him alone.

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“Wouldn’t go away. Was standing right in front of him and, you can see from the video, was four-and-a-half or five feet from the edge of the platform and Mr. Davis in frustration gave him somewhat of a push,” Pokart said.

Judge Bonnie Wittner said to the lawyer, “I may be wrong. I still don’t don’t think Davis’ only defense was to push him on to the tracks in front of an oncoming train.”

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Davis himself has admitted that he could have just walked away.