People v. Petronio

OPINION OF THE COURT

Donald P. DeRiggi, J.

The defendant was convicted after trial of murder in the second degree, depraved indifference to human life, inter alia.

Before the charge the defendant had requested that the jury be instructed pursuant to section 35.20 (2) and (3) of the Penal Law, justification in defense of a dwelling during a burglary, and the court refused to so instruct.

During the trial the evidence showed that the defendant and the deceased, Jeffrey Walters, had arranged the sale and purchase of a substantial amount of ecstasy at the defendant’s house, 20 Kelly Street, Valley…