Legal Opinion
People v. Pons
New York Court of Appeals
Decided October 23, 1986PublishedCited by 169 opinions
1Opinion of the Court
OPINION OF THE COURT
Hancock, Jr., J.
Justification based on self-defense (Penal Law § 35.15) pertains only to the use of physical force (see, People v McManus, 67 NY2d 541). It does not apply to a crime based on the possession of a weapon, even though an element of the crime is that defendant possessed the weapon with the intent to use it unlawfully against another. Here, defendant’s conviction for criminal possession of a weapon in the second degree (Penal Law § 265.03) should be affirmed since the court properly refused to charge justification (Penal Law § 35.15) as a defense to that crime.
De…
2Cases cited10 opinions
- People v. AlmodovarNew York Court of Appeals · 1984
- People v. PadgettNew York Court of Appeals · 1983
- People v. McManusNew York Court of Appeals · 1986
- People v. MagliatoNew York Court of Appeals · 1986
- People v. EvansAppellate Division of the Supreme Court of the State of New York · 1984
5 more not listed; retrieve them via the Exa API.
3Cited by169 opinions
- James Brown v. Christopher ArtuzCourt of Appeals for the Second Circuit · 1997
- Ronald Davis v. Wayne Strack, Superintendent, Fishkill Correctional Facility and Dennis C. Vacco, New York State Attorney GeneralCourt of Appeals for the Second Circuit · 2001
- Reginald Jackson v. Ernest Edwards, Superintendent of Otisville Correctional FacilityCourt of Appeals for the Second Circuit · 2005
- Boget v. StateCourt of Criminal Appeals of Texas · 2002
- People v. OkaforeNew York Court of Appeals · 1988
164 more not listed; retrieve them via the Exa API.