People v. Godfrey

Judgment reversed on the law and new trial granted. Memorandum: The court was required to instruct the jury on the defense of justification for the use of deadly physical force to prevent or terminate the commission of a burglary if there was any reasonable view of the evidence by which the jury could find that defendant reasonably believed that the victim was committing or attempting to commit a burglary and that defendant reasonably believed that the use of deadly physical force was necessary to terminate the commission or attempted commission of the burglary (see, People v Argibay, 45 NY2d…