Legal Opinion
People v. Comfort
Appellate Division of the Supreme Court of the State of New York
Decided December 20, 1985PublishedCited by 5 opinions
1Opinion of the Court
OPINION OF THE COURT
Boomer, J.
The conviction of defendant Joseph Comfort of second degree murder should be affirmed. The court’s instruction on the issue of justification was not erroneous. In any event, this issue was not preserved for review as a matter of law and we *431fail to see how the instruction was prejudicial to defendant (see, People v Crosby, 115 AD2d — [decided Dec. 20,1985]).
Penal Law § 35.15 (2) (a) provides that a person may use deadly physical force upon another person when "[h]e reasonably believes that such other person is using or about to use deadly physical force” (emphasis…
2Cases cited7 opinions
- People v. MillerNew York Court of Appeals · 1976
- People v. HokeNew York Court of Appeals · 1984
- People v. MoyeNew York Court of Appeals · 1985
- People v. . RodawaldNew York Court of Appeals · 1904
- Shorter v. . the PeopleNew York Court of Appeals · 1849
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- People v. ThompsonAppellate Division of the Supreme Court of the State of New York · 1996
- People v. CottoAppellate Division of the Supreme Court of the State of New York · 1988
- People v. SantiagoAppellate Division of the Supreme Court of the State of New York · 1990
- People v. WhitfieldAppellate Division of the Supreme Court of the State of New York · 1995
- People v. ColbyAppellate Division of the Supreme Court of the State of New York · 1986