Legal Opinion
People v. Magliato
New York Court of Appeals
Decided July 8, 1986PublishedCited by 72 opinions
1Opinion of the Court
OPINION OF THE COURT
Hancock, Jr., J.
Conduct intended merely to scare off an assailant or to keep him at bay may place the assailant in such imminent danger of grave bodily injury or death that the conduct, without more, constitutes the "use of deadly physical force” to which the defense of justification applies (see, Penal Law § 10.00 [11]; § 35.15). Where such conduct is the basis of a criminal charge and the defendant argues that it was justified by the menacing actions and threats of the assailant, the court must instruct the jury on the elements of the defense of justification set forth…
2Cases cited6 opinions
- People v. GoetzNew York Court of Appeals · 1986
- People v. McManusNew York Court of Appeals · 1986
- People v. TorreNew York Court of Appeals · 1977
- People v. HuntleyNew York Court of Appeals · 1983
- People v. RodwellAppellate Division of the Supreme Court of the State of New York · 1984
1 more not listed; retrieve them via the Exa API.
3Cited by72 opinions
- Kachalsky v. County of WestchesterCourt of Appeals for the Second Circuit · 2012
- People v. PonsNew York Court of Appeals · 1986
- 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
- People v. McMillonAppellate Division of the Supreme Court of the State of New York · 2006
- People v. MothonAppellate Division of the Supreme Court of the State of New York · 2001
67 more not listed; retrieve them via the Exa API.