Legal Opinion
People v. Benjamin
Appellate Division of the Supreme Court of the State of New York
Decided March 31, 1975PublishedCited by 11 opinions
1Opinion of the Court
Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered June 14, 1973, convicting him of murder, upon a jury verdict, and imposing sentence. Judgment reversed, on the law and as a matter of discretion in the interest of justice, and new trial ordered. Viewing defendant’s trial testimony in the light most favorable to him, as required (People v Steele, 26 NY2d 526, 529), it is apparent that an instruction to the jury on the defense of justification was called for in this case (see People v Sanza, 37 AD2d 632). The failure of the trial court to instruct the jury on this…
2Cases cited4 opinions
- People v. SteeleNew York Court of Appeals · 1970
- People v. SanzaAppellate Division of the Supreme Court of the State of New York · 1971
- People v. AlmondAppellate Division of the Supreme Court of the State of New York · 1971
- People v. RaineyAppellate Division of the Supreme Court of the State of New York · 1970
3Cited by11 opinions
- People v. HarrisAppellate Division of the Supreme Court of the State of New York · 1985
- People v. ReidAppellate Division of the Supreme Court of the State of New York · 1987
- People v. BernardoAppellate Division of the Supreme Court of the State of New York · 1981
- People v. VasquezAppellate Division of the Supreme Court of the State of New York · 1975
- People v. MayAppellate Division of the Supreme Court of the State of New York · 1976
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