Legal Opinion
People v. Macon
Appellate Division of the Supreme Court of the State of New York
Decided April 8, 1985PublishedCited by 6 opinions
1Opinion of the Court
Defendant was charged with murder in the second degree and manslaughter in the first degree in connection with the fatal stabbing of her paramour. At trial, the central issue was justification and the evidence was sufficient to permit a finding that the People disproved that defense beyond a reasonable doubt. *719However, the judgment must be reversed because the trial court erroneously instructed the jury to apply an objective, as opposed to a subjective, standard in assessing defendant’s actions (People v Wagman, 99 AD2d 519; People v Desmond, 93 AD2d 822; 1 CJI [NY] 35.00 at 848). Although no…
2Cases cited2 opinions
- People v. WagmanAppellate Division of the Supreme Court of the State of New York · 1984
- People v. DesmondAppellate Division of the Supreme Court of the State of New York · 1983
3Cited by6 opinions
- People v. SwinsonAppellate Division of the Supreme Court of the State of New York · 1985
- People v. LopezAppellate Division of the Supreme Court of the State of New York · 1985
- People v. McManusAppellate Division of the Supreme Court of the State of New York · 1985
- People v. PersonAppellate Division of the Supreme Court of the State of New York · 1986
- People v. ComfortAppellate Division of the Supreme Court of the State of New York · 1985
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