People v. Marchant

DeJoseph and Scudder, JJ.

(dissenting). We respectfully dissent because we disagree with the majority’s conclusion that the verdict is contrary to the weight of the evidence. The crucial area of our disagreement is on the issue whether defendant reasonably believed that she was confronted by the use or imminent use of deadly physical force. It is well settled that “[a] defendant is justified in using deadly physical force when he or she reasonably believes, as pertinent here, ‘that such force is necessary ... to protect against the use or imminent use of deadly physical force’ ” (People v…