People v. Johnson
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtGarry, J.
*1122Defendant contends that Supreme Court erred in failing to instruct the jury on the defense of justification as to the assault charge pertaining to the victim (see Penal Law § 120.05 [3]).1 Generally, “a justification charge is proper when, viewing the evidence in the light most favorable to the defendant, the jury, based upon a reasonable view of the evidence, could find that the defendant’s acts were justified” (People v Mothon, 284 AD2d 568, 569 [2001], lv denied 96 NY2d 865 [2001]; see People v Curry, 85 AD3d 1209, 1211-1212 [2011], lv denied 17 NY3d 815 [2011]). In making this…
2Cases cited16 opinions
- People v. TzitzikalakisNew York Court of Appeals · 2007
- People v. EdwardsNew York Court of Appeals · 2000
- People v. SaezNew York Court of Appeals · 1987
- People v. GradyAppellate Division of the Supreme Court of the State of New York · 2007
- People v. DeanNew York Court of Appeals · 2007
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3Cited by14 opinions
- 107166 People v. DeckerAppellate Division of the Supreme Court of the State of New York · 2016
- People v. DesmondAppellate Division of the Supreme Court of the State of New York · 2014
- People v. WiltshireAppellate Division of the Supreme Court of the State of New York · 2012
- People v. ManchesterAppellate Division of the Supreme Court of the State of New York · 2014
- People v. OrtizAppellate Division of the Supreme Court of the State of New York · 2017
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