People v. Loria
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
— Judgment unanimously reversed on the law and new trial granted on count two of the indictment; indictment otherwise dismissed without prejudice to the People to re-present any appropriate charge to another Grand Jury. Memorandum: Defendant contends that County Court erred in refusing his request to charge the defense of justification. Because the evidence failed to establish that defendant reasonably believed that the victim was about to use deadly physical force, the court properly refused to charge that defense (see, People v Reynoso, 73 NY2d 816, 818; People v Watts, 57 NY2d 299).…
2Cases cited6 opinions
- People v. WattsNew York Court of Appeals · 1982
- People v. MillerNew York Court of Appeals · 1976
- People v. ReynosoNew York Court of Appeals · 1988
- People v. HendersonAppellate Division of the Supreme Court of the State of New York · 1990
- People v. DixonAppellate Division of the Supreme Court of the State of New York · 1988
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- People v. BrunerAppellate Division of the Supreme Court of the State of New York · 1995
- People v. StarostinAppellate Division of the Supreme Court of the State of New York · 1999
- People v. WatkinsAppellate Division of the Supreme Court of the State of New York · 2009
- People v. RossakisAppellate Division of the Supreme Court of the State of New York · 1998
- People v. AllenAppellate Division of the Supreme Court of the State of New York · 1996
5 more not listed; retrieve them via the Exa API.