People v. Watson

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

Defendant fatally shot Livingston Powell, and was prosecuted for murder. His defense was justification. Defendant testified at trial that he panicked and shot Powell when he saw Powell reach for his waist. There was no evidence that Powell had a weapon at the time.

Under Penal Law § 35.15, defendant’s shooting of Powell could have been justified only if defendant reasonably believed *1020that Powell was “using or about to use deadly physical force” (Penal Law § 35.15 [2] [a]); however, even if defendant did have…