Legal Opinion
People v. Jones
New York Court of Appeals
Decided December 16, 2004PublishedCited by 30 opinions
1Opinion of the Court
OPINION OF THE COURT
Rosenblatt, J.
In essence, our self-defense statute provides that a person attacked with deadly force may respond in kind only if unable to retreat with complete safety. Penal Law § 35.15 (2) (a) contains an exception relevant to this appeal: someone who would otherwise have to retreat need not do so if attacked at home (see Penal Law § 35.15 [2] [a] [i]). The question before us is whether the exception applies when the assailant and the defender share the same dwelling. We hold that it does.
Defendant choked his live-in girlfriend to death after she picked up a knife during…
2Cases cited18 opinions
- People v. CrimminsNew York Court of Appeals · 1975
- People v. WattsNew York Court of Appeals · 1982
- Alberty v. United StatesSupreme Court of the United States · 1896
- Beard v. United StatesSupreme Court of the United States · 1895
- People v. . TomlinsNew York Court of Appeals · 1914
13 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- People v. EveryAppellate Division of the Supreme Court of the State of New York · 2017
- People v. HartmanAppellate Division of the Supreme Court of the State of New York · 2009
- People v. BollingNew York Court of Appeals · 2006
- People v. AikenNew York Court of Appeals · 2005
- People v. AlvarezAppellate Division of the Supreme Court of the State of New York · 2008
25 more not listed; retrieve them via the Exa API.