People v. Jones
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him, after a jury trial, of murder in the second degree and criminal possession of a weapon in the second and third degrees, arguing that the proof was legally insufficient to disprove the justification defense with respect to murder in the second degree. We disagree (see, People v Bleakley, 69 NY2d 490, 495). There was ample evidence to disprove the defense, because regardless of who was the initial aggressor, defendant resorted to more force than necessary when he knew withdrawal was possible (see,…
2Cases cited4 opinions
- People v. BleakleyNew York Court of Appeals · 1987
- In re PadillaNew York Court of Appeals · 1986
- People v. ReyesAppellate Division of the Supreme Court of the State of New York · 1986
- People v. MunginAppellate Division of the Supreme Court of the State of New York · 1984
3Cited by5 opinions
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- People v. MarchantAppellate Division of the Supreme Court of the State of New York · 2017
- People v. MarchantAppellate Division of the Supreme Court of the State of New York · 2017
- People v. WilliamsAppellate Division of the Supreme Court of the State of New York · 2015
- WILLIAMS, SHAQUEL, PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2015