Legal Opinion
People v. Petty
New York Court of Appeals
Decided July 5, 2006PublishedCited by 125 opinions
1Opinion of the Court
OPINION OF THE COURT
G.B. Smith, J.
The principal issue in this case is whether the trial court erred when, during its justification charge, it instructed the jury that the deceased victim’s prior threats against defendant may be considered solely in determining defendant’s state of mind and the reasonableness of his conduct. We conclude that the trial court erred when it did not instruct the jury that these prior threats may also be used in the jury’s determination of who was the initial aggressor. For reasons set forth below, however, we conclude that the error was harmless and affirm.
Facts…
2Cases cited8 opinions
- People v. CrimminsNew York Court of Appeals · 1975
- People v. AlvinoNew York Court of Appeals · 1987
- People v. GoetzNew York Court of Appeals · 1986
- People v. MillerNew York Court of Appeals · 1976
- People v. DavisNew York Court of Appeals · 1977
3 more not listed; retrieve them via the Exa API.
3Cited by125 opinions
- People v. GradyAppellate Division of the Supreme Court of the State of New York · 2007
- People v. TaylorAppellate Division of the Supreme Court of the State of New York · 2017
- People v. BooneCourt for the Trial of Impeachments and Correction of Errors · 2017
- People v. EveryAppellate Division of the Supreme Court of the State of New York · 2017
- People v. HalterNew York Court of Appeals · 2012
120 more not listed; retrieve them via the Exa API.