People v. Padgett

OPINION OF THE COURT

Wachtler, J.

Defendant was convicted of one count of criminal mischief in the fourth degree (Penal Law, § 145.00, subd 1). The charge, along with several assault charges, arose out of a barroom incident during which defendant broke the glass in an emergency fire exit door. Defendant’s conviction was affirmed by the Appellate Term. The issue presented is whether defendant was entitled to a charge that the jury could find that his conduct was justified and therefore not criminal.

The owner of the bar in which the incident occurred testified that defendant and his two…