People v. Molina

The trial court should have instructed the jury on justification pertaining to the use of nondeadly physical force and should not have limited the justification charge to those circumstances in which the use of deadly physical force would have been justified (see Penal Law § 35.15). Although the People’s theory was that defendant attacked the complainant with scissors, there was a reasonable view of the evidence, viewed in the light most favorable to the defendant, that defendant used nondeadly force. Defendant testified that the complainant initially punched defendant in the face, and…