In re Jesse C.

OPINION OF THE COURT

Phoebe K. Greenbaum, J.

The question presented by this juvenile delinquency proceeding is whether the respondent herein, who purports to have come to the aid of the victim of a crime, was justified in shooting an assailant in a moving subway car.

The respondent is before the court on charges of assault in the second degree, an act which if committed by an adult would be a violation of Penal Law § 120.05 (2) and criminal possession of a weapon in the third degree, a violation of Penal Law § 265.02.

The evidence adduced by the presentment agency, Corporation Counsel of the City…