Stacy S. Killon v. Robert A. Parrotta

OPINION OF THE COURT

Abdus-Salaam, J.

The issue presented is whether the Appellate Division applied the correct test in setting aside the jury verdict and concluding as a matter of law that defendant was the initial aggressor in the physical altercation between the parties, rendering a justification defense unavailable to defendant during retrial of the case. We hold that the Appellate Division did not apply the “utterly irrational” test required to make that determination as a matter of law. Applying that test to the trial evidence and in consideration of the jury instruction given, we hold…