Legal Opinion

People v. Morgan

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

Decided October 25, 2012PublishedCited by 7 opinions

1Opinion of the Court

Defendant’s assault conviction was against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348-349 [2007]). Defendant asserts that she was justified in stabbing the complainant in the cheek because she reasonably believed this was necessary to defend herself against the complainant’s use or imminent use of deadly force, i.e., she reasonably believed that the complainant, although unarmed, was about to seriously injure her (see Penal Law § 10.00 [11]). Under the particular *623circumstances, we find that the People did not disprove this self-defense claim beyond a reasonable doubt.

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2Cases cited1 opinion

  1. People v. DanielsonNew York Court of Appeals · 2007

3Cited by7 opinions

  1. People v. GibsonAppellate Division of the Supreme Court of the State of New York · 2016
  2. People v. MarchantAppellate Division of the Supreme Court of the State of New York · 2017
  3. People v. SanchezAppellate Division of the Supreme Court of the State of New York · 2017
  4. People v. SanchezAppellate Division of the Supreme Court of the State of New York · 2017
  5. People v. Gunther (Michael)Appellate Terms of the Supreme Court of New York · 2024

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