Legal Opinion
People v. Huntley
New York Court of Appeals
Decided June 14, 1983PublishedCited by 58 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division granting a new trial should be affirmed.
We agree with the Appellate Division that it was error for the trial court to refuse to charge, as requested, a justification defense on the lesser included charge of manslaughter in the second degree. (Penal Law, §§ 125.15, 125.25.)
Since a new trial before a new jury is required by this holding, we do not now address or decide whether the defendant’s due process rights were violated by any statements made by an individual juror during the course of the jury’s deliberations.
*870Chief Judge…
2Cited by58 opinions
- People v. PadgettNew York Court of Appeals · 1983
- People v. McManusNew York Court of Appeals · 1986
- People v. ButtsNew York Court of Appeals · 1988
- Ronald Davis v. Wayne Strack, Superintendent, Fishkill Correctional Facility and Dennis C. Vacco, New York State Attorney GeneralCourt of Appeals for the Second Circuit · 2001
- People v. MagliatoNew York Court of Appeals · 1986
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