Legal Opinion
People v. Rivera
Appellate Division of the Supreme Court of the State of New York
Decided February 4, 1980PublishedCited by 11 opinions
1Opinion of the Court
Appeal by defendant from a judgment of the County Court, Dutchess County, rendered January 5, 1978, convicting him of two counts of assault in the second degree, upon a jury verdict, and imposing sentence. Judgment reversed, as a matter of discretion in the interest of justice, and new trial ordered. The trial court’s failure to charge justification based upon defendant’s denial that he assaulted the officers was improper. Refusal to charge such an alternative defense, when there is sufficient evidence to support it, is reversible error (People v Steele, 26 NY2d 526; People v Ortiz, 52 AD2d…
2Cases cited4 opinions
- People v. SteeleNew York Court of Appeals · 1970
- People v. OrtizAppellate Division of the Supreme Court of the State of New York · 1976
- People v. Carlos C.Appellate Division of the Supreme Court of the State of New York · 1977
- People v. RizzoAppellate Division of the Supreme Court of the State of New York · 1978
3Cited by11 opinions
- People v. AhearnAppellate Division of the Supreme Court of the State of New York · 1982
- People v. JenkinsAppellate Division of the Supreme Court of the State of New York · 1983
- People v. CintronAppellate Division of the Supreme Court of the State of New York · 1980
- People v. ClarkAppellate Division of the Supreme Court of the State of New York · 2015
- People v. KhanAppellate Division of the Supreme Court of the State of New York · 1985
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