People v. White

OPINION OF THE COURT

William D. Friedmann, J.

DECISION ON REQUEST TO CHARGE NECESSITY OF RETREAT

Defendant, having raised the issue of self-defense, requested a “Defense of Justification” charge, under Penal Law § 35.15 (use •of physical force in defense of a person). The People requested that the restrictive retreat provision of Penal Law § 35.15 (2) (a) (i) also be charged.

These requests, therefore, placed in prospective whether an invited social guest situated in an apartment “dwelling” is under a duty to retreat, in lieu of using deadly physical force, in his own self-defense.

RELEVANT FACTS

Th…