People v. Clark

I am compelled to dissent because the fact remains that the evidence presented in this case raises an issue of fact as to whether the defendant was acting in self-defense. Review of the numerous surveillance videos plainly raises the issue, as it did for defense counsel, the trial judge, and the uninstructed jury. Rather than address the defendant’s contention on the merits, however, the People ask this Court to refrain from exercising its interest of justice jurisdiction, and thereby avoid consideration of the underlying issue. When the merits are reached, however, it cannot be disputed that…