People v. Nurse
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Vaughan, J.), rendered December 23, 1996, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
Contrary to the defendant’s contention, the People disproved his justification defense beyond a reasonable doubt. It is well established that justification is not a defense to the use of deadly physical force unless the actor reasonably believes that another person is about to use deadly physical force against him or her and he or she is unable to…
2Cases cited9 opinions
- People v. ContesNew York Court of Appeals · 1983
- People v. SuitteAppellate Division of the Supreme Court of the State of New York · 1982
- People v. GoetzNew York Court of Appeals · 1986
- People v. CandelariaAppellate Division of the Supreme Court of the State of New York · 1994
- People v. HallAppellate Division of the Supreme Court of the State of New York · 1995
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3Cited by1 opinion
- People v. BoyleAppellate Division of the Supreme Court of the State of New York · 2001