People v. Calvin of Oakknoll

It is not disputed that the defendant shot and killed the victim. The issue was whether the People disproved the defense of justification beyond a reasonable doubt (Penal Law §§ 35.15, 25.00 [1]). The evidence, viewed in the light most favorable to the People (see, People v Kennedy, 47 NY2d 196, 203), established that on the first day of deer-hunting season in 1980, the defendant, armed with a 30-30 rifle, approached the victim on land owned by his church. It was apparent from the victim’s plaid hunting coat, hunting license tag and shotgun that he was there to hunt. Defendant, however, had…