People v. Deis

Green and Kehoe, JJ.

(dissenting). We respectfully dissent. In our view, County Court erred in refusing to charge the jury with respect to the justifiable use of deadly force to prevent or terminate the commission of a burglary (see, Penal Law *912§ 35.20 [3]). A reasonable view of the evidence, viewed in the light most favorable to defendant (see, People v Padgett, 60 NY2d 142, 144), would have permitted the jury to find that the use of deadly force by defendant was based upon his reasonable belief that such force was necessary to prevent or terminate the victim’s commission of a burglary (see,…