People v. Henderson
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Judgment unanimously reversed on the law and new trial granted. Memorandum: *1039Defendant contends that County Court erred in refusing his request to charge the defense of justification. We disagree. The evidence was insufficient to establish defendant’s subjective belief that decedent was about to use deadly physical force against him or that under the circumstances his beliefs and reactions were that of a reasonable man (see, People v Reynoso, 73 NY2d 816, 818; People v Watts, 57 NY2d 299). This failure of proof resulted, however, from the court’s ruling improperly limiting defendant’s evidence…
2Cases cited11 opinions
- People v. WattsNew York Court of Appeals · 1982
- People v. MillerNew York Court of Appeals · 1976
- People v. ReynosoNew York Court of Appeals · 1988
- People v. LevanNew York Court of Appeals · 1945
- MATTER OF OWEN v. StroebelNew York Court of Appeals · 1985
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3Cited by6 opinions
- People v. RamseyAppellate Division of the Supreme Court of the State of New York · 2009
- People v. LoriaAppellate Division of the Supreme Court of the State of New York · 1993
- Jackson v. EdwardsDistrict Court, E.D. New York · 2003
- People v. HendersonAppellate Division of the Supreme Court of the State of New York · 1995
- People v. RossakisAppellate Division of the Supreme Court of the State of New York · 1998
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