Legal Opinion
The People v.Christopher E. Walker
New York Court of Appeals
Decided October 27, 2015No. 147PublishedCited by 29 opinions
1Opinion of the Court
OPINION OF THE COURT
Stein, J.
On this appeal, defendant argues that the standard criminal jury instruction on the “initial aggressor exception” to the justification defense misstates the applicable law where defendant claimed that he intervened in an ongoing fight that began in his absence in order to shield a third party from an unlawful attack. We agree and, therefore, reverse.
I
Defendant was charged in an indictment with murder in the second degree after stabbing and killing the victim during a fight between the victim, defendant’s brother and defendant’s girlfriend that allegedly started at…
2Cases cited8 opinions
- People v. PettyNew York Court of Appeals · 2006
- People v. UmaliNew York Court of Appeals · 2008
- People v. MedinaNew York Court of Appeals · 2011
- People v. AndujasNew York Court of Appeals · 1992
- People v. McWilliamsAppellate Division of the Supreme Court of the State of New York · 2008
3 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- People v. EveryAppellate Division of the Supreme Court of the State of New York · 2017
- The People v. Carlos ValentinNew York Court of Appeals · 2017
- People v. Sackey-ElAppellate Division of the Supreme Court of the State of New York · 2017
- People v. WilsonAppellate Division of the Supreme Court of the State of New York · 2016
- State v. PhillipsCourt of Appeals of Oregon · 2021
24 more not listed; retrieve them via the Exa API.