Legal Opinion

People v. Trammel

Appellate Division of the Supreme Court of the State of New York

Decided October 1, 1993Published

1Opinion of the Court

—Judgment unanimously affirmed. Memorandum: Defendant was charged with murder in the second degree. He requested that the jury be instructed on the defense of justification on the theory that he was justified in using deadly force to protect his friend from the use of deadly force. That request was properly denied. "[A] court need not charge justification if no reasonable view of the evidence establishes the elements of the defense (People v Watts, 57 NY2d 299; People v Scarborough, 49 NY2d 364, 373-374)” (People v Reynoso, 73 NY2d 816, 818). A reasonable belief in the need to use deadly…

2Cases cited7 opinions

  1. People v. WattsNew York Court of Appeals · 1982
  2. People v. GoetzNew York Court of Appeals · 1986
  3. People v. ScarboroughNew York Court of Appeals · 1980
  4. People v. ReynosoNew York Court of Appeals · 1988
  5. People v. MonroigAppellate Division of the Supreme Court of the State of New York · 1985

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