People v. Scott
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: Supreme Court erred in denying defendant’s request for a charge on the defense of justification (see, Penal Law § 35.15 [1]). A reasonable view of the evidence, considered in the light most favorable to defendant, supports that defense (see, People v Padgett, 60 NY2d 142, 145-146; People v Steele, 26 NY2d 526, 528-529). The testimony of defendant that the wound to the victim’s chin was the unintended result of the struggle over the broken plate does not defeat his entitlement to a justifica*927tion charge (see, People v…
2Cases cited8 opinions
- People v. PadgettNew York Court of Appeals · 1983
- People v. SteeleNew York Court of Appeals · 1970
- People v. McManusNew York Court of Appeals · 1986
- People v. MagliatoNew York Court of Appeals · 1986
- People v. KhanNew York Court of Appeals · 1986
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Ronald Davis v. Wayne Strack, Superintendent, Fishkill Correctional Facility and Dennis C. Vacco, New York State Attorney GeneralCourt of Appeals for the Second Circuit · 2001
- People v. ColemanAppellate Division of the Supreme Court of the State of New York · 1998
- People v. BradleyAppellate Division of the Supreme Court of the State of New York · 2002
- People v. MinayaAppellate Division of the Supreme Court of the State of New York · 2004
- People v. NealAppellate Division of the Supreme Court of the State of New York · 1998
1 more not listed; retrieve them via the Exa API.