Legal Opinion
People v. Bertone
Appellate Division of the Supreme Court of the State of New York
Decided March 6, 1995PublishedCited by 5 opinions
1Opinion of the Court
—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Rivera, J.), rendered August 19, 1992, convicting him of manslaughter in the second degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant contends that the court erred in rejecting his request to charge the jury that he was justified in using deadly physical force in order to prevent the commission of a robbery or a burglary (see, Penal Law § 35.15 [2] [b], [c]; § 35.20 [3]). We disagree. Viewing the testimony in the light most favorable to the defendant (see, People v…
2Cases cited5 opinions
- People v. SuitteAppellate Division of the Supreme Court of the State of New York · 1982
- People v. WattsNew York Court of Appeals · 1982
- People v. GodfreyNew York Court of Appeals · 1992
- People v. FloresAppellate Division of the Supreme Court of the State of New York · 1988
- People v. DucksworthAppellate Division of the Supreme Court of the State of New York · 1994
3Cited by5 opinions
- People v. McDanielAppellate Division of the Supreme Court of the State of New York · 2002
- People v. TorresAppellate Division of the Supreme Court of the State of New York · 2001
- People v. CoxAppellate Division of the Supreme Court of the State of New York · 1997
- People v. AlexanderAppellate Division of the Supreme Court of the State of New York · 2003
- People v. MarrazzoAppellate Division of the Supreme Court of the State of New York · 1996