Legal Opinion
People v. Aiken
New York Court of Appeals
Decided March 31, 2005PublishedCited by 19 opinions
1Opinion of the Court
OPINION OF THE COURT
Chief Judge Kaye.
Before defensively using deadly physical force against another, does a defendant standing in the doorway between his apartment and the common hall of a multi-unit building have a duty under Penal Law § 35.15 to retreat into his home when he can safely do so? We answer that question in the affirmative.
Facts
Defendant and the victim were next-door neighbors in the same apartment building in the Bronx for nearly 40 years, virtually their entire lives. Their families were close until 1994 or 1995, when a dispute—with ultimately tragic consequences— arose over…
2Cases cited11 opinions
- People v. PadgettNew York Court of Appeals · 1983
- People v. McManusNew York Court of Appeals · 1986
- People v. . TomlinsNew York Court of Appeals · 1914
- People v. ReynosoNew York Court of Appeals · 2004
- People v. . KennedyNew York Court of Appeals · 1899
6 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Kachalsky v. County of WestchesterCourt of Appeals for the Second Circuit · 2012
- People v. GradyAppellate Division of the Supreme Court of the State of New York · 2007
- People v. FerminAppellate Division of the Supreme Court of the State of New York · 2007
- People v. WimberlyAppellate Division of the Supreme Court of the State of New York · 2005
- People v. MercerAppellate Division of the Supreme Court of the State of New York · 2023
14 more not listed; retrieve them via the Exa API.