Legal Opinion

People v. Scott

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

Decided February 2, 1996PublishedCited by 6 opinions

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

  1. People v. PadgettNew York Court of Appeals · 1983
  2. People v. SteeleNew York Court of Appeals · 1970
  3. People v. McManusNew York Court of Appeals · 1986
  4. People v. MagliatoNew York Court of Appeals · 1986
  5. People v. KhanNew York Court of Appeals · 1986

3 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. 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
  2. People v. ColemanAppellate Division of the Supreme Court of the State of New York · 1998
  3. People v. BradleyAppellate Division of the Supreme Court of the State of New York · 2002
  4. People v. MinayaAppellate Division of the Supreme Court of the State of New York · 2004
  5. 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.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API