People v. Rodriguez

Ciparick, J. (dissenting).

Because I believe that Supreme Court erred in refusing to give a choice-of-evils justification instruction to the jury (Penal Law § 35.05 [2]), as requested by defendant, I respectfully dissent and would affirm the order of the Appellate Division.

It is well-settled that “a defendant is entitled to an instruction as to any recognized defense for which there exists evidence sufficient for a reasonable jury to find in his favor” (Mathews v United States, 485 US 58, 63 [1988]). In determining whether the evidence is sufficient, “[a] court must view the evidence adduced…