People v. Davis
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Denman, J.
Defendant was convicted after a jury trial of assault in the second degree (Penal Law § 120.05 [2] [intentionally causing physical injury to a person by means of a dangerous instrument]). On appeal, defendant challenges the propriety of the court’s instruction to the jury on the defense of justification, particularly the rules governing the use of deadly physical force and the opportunity to retreat, and of the court’s twice repeating the charge upon the jury’s request for further instructions. We find the court’s instructions proper in all respects and therefore…
2Cases cited9 opinions
- People v. MalloyNew York Court of Appeals · 1982
- People v. AlmodovarNew York Court of Appeals · 1984
- People v. GonzalezNew York Court of Appeals · 1944
- People v. CookeNew York Court of Appeals · 1944
- People v. AlbinoAppellate Division of the Supreme Court of the State of New York · 1984
4 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
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- People v. JonesAppellate Division of the Supreme Court of the State of New York · 2005
- People v. TaylorAppellate Division of the Supreme Court of the State of New York · 2016
- People v. SmithAppellate Division of the Supreme Court of the State of New York · 1998
- People v. TylerAppellate Division of the Supreme Court of the State of New York · 2007
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