*(CNN) — A Manhattan judge dismissed a murder charge Tuesday against a bodega worker who fatally stabbed a man earlier this month in what the worker’s legal team argued was a case of self-defense.

 

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Jose Alba, 61, had been charged with second-degree murder in the killing Austin Simon, 35, on the night of July 1. Surveillance video of their confrontation shows Simon came behind the bodega counter and shoved Alba, who then grabbed a knife and stabbed Simon multiple times.

Alba’s attorneys had argued that he acted in self-defense, noting the size and age difference between the two men.

“The video in this case speaks for itself: Mr. Alba was simply doing his job when he was aggressively cornered by a much younger and bigger man,” Alice Fontier, a spokeswoman for Alba’s attorney, said last week.

Source: Murder Charge Dismissed Against Bodega Clerk Who Fatally Stabbed Customer | WATCH-it-Happen