People v. Wesley, 563 N.E.2d 21 (N.Y. 1990). · Go Syfert
People v. Wesley, 563 N.E.2d 21 (N.Y. 1990). Cases Citing This Book View Copy Cite
179 citation events (114 in the last 25 years) across 9 distinct courts.
Strongest positive: People v. T.P. (ny, 2025-06-17)
Treatment trajectory · 1990 → 2026 · click a year to view as-of
1990 2008 2026
Top citers, strongest first. 42 distinct citers. How cited ↗
examined Cited as authority (rule) People v. T.P. (3×)
NY · 2025 · confidence medium
A few years later, in People v Wesley , the Court reversed a manslaughter conviction where the justification charge did not "direct the jury's attention to the factors that [it] outlined in Goetz as critical to the jury's consideration of the defendant's circumstances" ( see 76 NY2d 555, 558-560 [1990]).
discussed Cited as authority (rule) People v. T.P.
N.Y. App. Div. · 2023 · confidence medium
Here, although the court did not read the addendum, the jurors were appropriately instructed that they "should assess the reasonableness of defendant's belief that [s]he was in deadly peril by judging the situation from the point of view of defendant as though they were actually in [her] place" ( People v Wesley , 76 NY2d 555, 559-560 [1990]).
discussed Cited as authority (rule) People v. Partlow
N.Y. App. Div. · 2023 · confidence medium
Here, although the court did not read the addendum, the jurors were appropriately instructed that they "should assess the reasonableness of defendant's belief that [s]he was in deadly peril by judging the situation from the point of view of defendant as though they were actually in [her] place" ( People v Wesley , 76 NY2d 555, 559-560 [1990]).
examined Cited as authority (rule) People v. Brown (4×)
N.Y. App. Div. · 2018 · confidence medium
"Penal Law § 35.15 requires a jury to consider both subjective and objective factors in determining whether a defendant's conduct was reasonable" ( People v Wesley , 76 NY2d 555, 559 [1990]).
discussed Cited as authority (rule) The People v. Carlos Valentin (2×)
NY · 2017 · confidence medium
In evaluating the justification defense, "[t]he critical focus must be placed on the particular defendant and the circumstances actually confronting him [or her] at the time of the incident, and what a reasonable person in those circumstances and having defendant's background and experiences would conclude" (People v Wesley, 76 NY2d 555, 559 [1990]; see People v Umali, 10 NY3d 417, 425 [2008], cert denied 556 US 1110 [2009]).
discussed Cited as authority (rule) Bonilla v. Lee
S.D.N.Y. · 2014 · confidence medium
Matter of Y.K., 87 N.Y.2d 430 , 639 N.Y.S.2d 1001 , 663 N.E.2d 313 , 315 (1996); People v. Wesley, 76 N.Y.2d 555 , 561 N.Y.S.2d 707 , 563 N.E.2d 21, 24 (1990); People v. Goetz, 68 N.Y.2d 96 , 506 N.Y.S.2d 18 , 497 N.E.2d 41, 52 (1986).
discussed Cited as authority (rule) People v. Simmons
N.Y. App. Div. · 2013 · confidence medium
This inquiry involves a subjective and objective element, i.e., it focuses on the defendant and the circumstances he or she confronted at the time of the shooting, as well as “ ‘what a reasonable person in those circumstances and having defendant’s background and experiences would conclude’ ” (People v DiGuglielmo, 75 AD3d 206, 215 [2010], affd 17 NY3d 771 [2011], quoting People v Wesley, 76 NY2d 555, 559 [1990]; see People v Fisher, 89 AD3d 1135, 1137 [2011], lv denied 18 NY3d 883 [2012]).
discussed Cited as authority (rule) People v. Simmons
N.Y. App. Div. · 2013 · confidence medium
This inquiry involves a subjective and objective element, i.e., it focuses on the defendant and the circumstances he or she confronted at the time of the shooting, as well as “ ‘what a reasonable person in those circumstances and having defendant’s background and experiences would conclude’ ” (People v DiGuglielmo, 75 AD3d 206, 215 [2010], affd 17 NY3d 771 [2011], quoting People v Wesley, 76 NY2d 555, 559 [1990]; see People v Fisher, 89 AD3d 1135, 1137 [2011], lv denied 18 NY3d 883 [2012]).
discussed Cited as authority (rule) People v. Bradley
NY · 2012 · confidence medium
There would, it appeared, also be evidence of defendant’s personal histoiy and knowledge of Wilburn relevant to the reasonableness of her claimed perception of imperilment (see People v Wesley, 76 NY2d 555, 559-560 [1990]).
discussed Cited as authority (rule) People v. Wright
N.Y. App. Div. · 2011 · confidence medium
In any event, the trial court’s charge, viewed in its entirety, adequately conveyed the appropriate standard to the jury (see People v Wesley, 76 NY2d 555, 559 [1990]; People v Goetz, 68 NY2d 96, 114 [1986]; People v Moultrie, 6 AD3d at 730 ; People v Martinez, 243 AD2d 732, 732 [1997]).
discussed Cited as authority (rule) People v. Fisher
N.Y. App. Div. · 2011 · confidence medium
The critical focus must be placed on the particular defendant and the circumstances actually confronting him at the time of the incident, and what a reasonable person in those circumstances and having defendant’s background and experiences would conclude’ ” (People v DiGuglielmo, 75 AD3d 206, 215 [2010], affd 17 NY3d 771 [2011], quoting People v Wesley, 76 NY2d 555, 559 [1990]; see People v Goetz, 68 NY2d 96, 114-115 [1986]).
discussed Cited as authority (rule) People v. DiGuglielmo
N.Y. App. Div. · 2010 · confidence medium
The critical focus must be placed on the particular defendant and the circumstances actually confronting him at the time of the incident, and what a reasonable person in those circumstances and having defendant’s background and experiences would conclude” (People v Wesley, 76 NY2d 555, 559 [1990]; see People v Goetz, 68 NY2d 96, 114-115 [1986]; People v Daniel, 35 AD3d 877, 878 [2006]; People v Torres, 252 AD2d 60, 65 [1999]).
discussed Cited as authority (rule) People v. White
N.Y. App. Div. · 2010 · confidence medium
A determination of whether a defendant has a reasonable belief that deadly force is necessary to prevent or terminate a burglary requires the application of a reasonableness standard which has both objective and subjective elements (see People v Wesley, 76 NY2d 555, 559 [1990]; People v Goetz, 68 NY2d 96, 112 [1986]).
discussed Cited as authority (rule) People v. McClellan
N.Y. App. Div. · 2008 · confidence medium
The People also presented evidence that defendant informed a police officer that he “wasn’t about to run” because he was “sick of those white racists.” Viewing the evidence in the light most favorable to the People (see People v Contes, 60 NY2d 620, 621 [1983]), we conclude that there is a valid line of reasoning and permissible inferences that could lead a rational person to conclude that, although the evidence may support a finding that defendant “actually believed that deadly physical force was necessary,” it nevertheless supports a finding that defendant’s belief was not re…
discussed Cited as authority (rule) People v. Damanski (2×)
N.Y. App. Div. · 2007 · confidence medium
Contrary to defendant’s argument, however, it is well settled that the justification statute, Penal Law § 35.15, has both subjective and objective components (see Matter of Y.K., 87 NY2d 430 , 433-434 [19963; People v Wesley, 76 NY2d 555, 559 [1990]; People v Goetz, 68 NY2d 96, 112-115 [1986]).
discussed Cited as authority (rule) People v. Daniel
N.Y. App. Div. · 2006 · confidence medium
To determine whether a defendant’s conduct was justified under Penal Law § 35.15, the jury must examine whether the defendant’s belief in the necessity of the use of deadly force was objectively and subjectively reasonable (see People v Wesley, 76 NY2d 555, 559 [1990]).
examined Cited as authority (rule) People v. Young (3×)
N.Y. App. Div. · 2006 · confidence medium
Particularly relevant here, the objective element of the defense—the reasonableness of a defendant’s belief under the circumstances—requires a consideration of the totality of the circumstances surrounding the defendant at the time force is used (see People v Wesley, 76 NY2d 555, 559 [1990]; People v Goetz, 68 NY2d 96, 113-115 [1986]).
discussed Cited as authority (rule) People v. Douglas
N.Y. App. Div. · 2006 · confidence medium
A determination of defendant’s reasonable belief has both a subjective and objective component, and the “critical focus must be placed on the particular defendant and the circumstances actually confronting him at the time of the incident” (People v Wesley, 76 NY2d 555, 559 [1990]; see People v Goetz, 68 NY2d 96, 112-115 [1986]).
discussed Cited as authority (rule) People v. Butera
N.Y. App. Div. · 2005 · confidence medium
In evaluating a justification defense, a jury must determine whether the defendant “actually believed that deadly force was necessary . . . [and must] assess the reasonableness of defendant’s belief that he was in deadly peril by judging the situation from the point of view of defendant as though [the jury was] actually in his place” (People v Wesley, 76 NY2d 555, 559-560 [1990]; see People v Goetz, 68 NY2d 96, 114-115 [1986]; see generally People v Stokes, 19 AD3d 1069 [2005], lv denied 5 NY3d 795 [2005]).
discussed Cited as authority (rule) People v. Stokes
N.Y. App. Div. · 2005 · confidence medium
Also contrary to defendant’s contention, County Court properly charged the jury that it should evaluate defendant’s actions in the light of what a “reasonable person in the defendant’s position, knowing what the defendant knew and being in the same circumstances, would have believed” (see People v Wesley, 76 NY2d 555, 559 [1990]; People v Goetz, 68 NY2d 96, 114 [1986]).
discussed Cited as authority (rule) People v. Gudz
N.Y. App. Div. · 2005 · confidence medium
Under these circumstances, we cannot conclude that County Court’s erroneous jury instruction was harmless beyond a reasonable doubt (see People v Wesley, 76 NY2d 555, 560 [1990]). 4 Given the necessity for a new trial, we do not address defendant’s remaining arguments.
discussed Cited as authority (rule) People v. Barrett
N.Y. App. Div. · 2004 · confidence medium
The evidence at trial failed to show that the defendant, who was in violation of an order of protection requiring him to have no contact with the victim, reasonably believed he was in imminent danger of the victim using deadly physical force against him (see People v Wesley, 76 NY2d 555, 559 [1990]; People v Reynoso, 73 NY2d 816 [1988]; People v Watts, 57 NY2d 299 [1982]; People v Siler, 288 AD2d 625 [2001]; People v Sutherland, 166 AD2d 732 [1990]; cf. People v Badillo, 218 AD2d 811 [1995]; People v Jeffries, 166 AD2d 665 [1990]; People v Khan, 113 AD2d 773 [1985], affd 68 NY2d 921 [1986]; Pe…
discussed Cited as authority (rule) People v. Swaby
N.Y. App. Div. · 2004 · confidence medium
In any event, the charge, taken as a whole, properly instructed the jury on the justification defense (see People v Wesley, 76 NY2d 555, 559 [1990]; People v Bernard, 222 AD2d 599 [1995]; People v Thomas, 179 AD2d 793, 794 [1992]; People v Madden, 171 AD2d 558, 559 [1991]).
discussed Cited as authority (rule) People v. Aiken
N.Y. App. Div. · 2004 · signal: cf. · confidence medium
Even if the truth of defendant’s account is assumed, he could have avoided the victim’s alleged aggression simply by closing the apartment door, without engaging in any “retreat.” In any event, if there were any error in the refusal to give the requested charge, such error would have been harmless in view of the overwhelming evidence that defendant unjustifiably attacked the victim outside of defendant’s apartment, which evidence leaves no significant probability, or even a reasonable possibility, that the verdict would have been different had the requested charge been given (see Peo…
discussed Cited as authority (rule) People v. Thomas
N.Y. App. Div. · 2003 · confidence medium
In any event, the trial court properly instructed the jury to consider subjective factors in determining whether the defendant believed that the use of deadly force was necessary to avert the imminent use of deadly force and to determine whether, under the circumstances, the defendant’s belief was reasonable (see People v Wesley, 76 NY2d 555, 559 [1990]; People v Goetz, 68 NY2d 96, 106 [1986]; People v Santos, 280 AD2d 561, 562 [2001]).
discussed Cited as authority (rule) Speringo v. McLaughlin
S.D.N.Y. · 2002 · confidence medium
The reasonableness of defendant’s belief must be assessed “from the point of view of the particular defendant under the standard of a reasonable person in defendant’s circumstances at the time of the incident.” People v. Wesley, 76 N.Y.2d 555 , 561 N.Y.S.2d 707 , 563 N.E.2d 21, 22 (1990).
discussed Cited as authority (rule) People v. Rivers
N.Y. Sup. Ct. · 2002 · confidence medium
(People v Wesley, 76 NY2d 555, 559 [1990]; People v Goetz, 68 NY2d 96 [1986]; People v Bernard, 222 AD2d 599 [2d Dept], lv denied 88 NY2d 844 [1996]; People v Kopera, 184 AD2d 1007 [4th Dept], lv denied 80 NY2d 905 [1992].) It was made clear in People v Goetz (supra) that Penal Law § 35.15 contains a two-step process of analyzing the “reasonably believes” language in subdivision (1).
discussed Cited as authority (rule) People v. Aska (2×)
NY · 1998 · confidence medium
What did or did not happen at the hospital — the substance of Ms. Simms's proposed testimony — was collateral because it was not relevant in establishing either the defendant's state of mind ( see , People v Miller , 39 N.Y.2d 543, 551 [stating that defendant's state of mind is a material issue where defense of justification is presented]) or the reasonableness of his use of deadly physical force in these circumstances ( see , People v Goetz , 68 N.Y.2d 96, 114-115 ; People v Wesley , 76 N.Y.2d 555, 559 [in a justification defense case where the reasonableness of defendant's use of deadly …
discussed Cited as authority (rule) In re Ismael S.
N.Y. App. Div. · 1995 · confidence medium
In order to determine whether a person’s actions are reasonable within the meaning of the statute, a determination of reasonableness must be made that is both subjective and objective and "[t]he critical focus must be placed on the particular defendant and the circumstances actually confronting him at the time of the incident, and what a reasonable person in those circumstances and having defendant’s background and experiences would conclude” (People v Wesley, 76 NY2d 555, 559; People v Goetz, 68 NY2d 96, 113-115 ; People v Davis, 201 AD2d 827 , lv denied, 83 NY2d 910 ).
discussed Cited "see" People v. Caselnova (2×)
N.Y. App. Div. · 2025 · signal: see · confidence high
Nevertheless, the foregoing sequence of events and issue of fact with respect to the initial aggressor determination dovetails with our conclusion that the People failed to instruct the grand jury that defendant's use of deadly force in defense of himself extended beyond Colon and to the entire group with respect to the attempted murder and assault charges ( see Penal Law § 35.15 [2] [a]). [FN1] "[A] jury is not limited to consideration of the victim's actions at the time of the incident and should be instructed to consider, if presented, evidence of prior acts committed by the victim of whic…
discussed Cited "see" People v. Gorton
N.Y. App. Div. · 2021 · signal: see · confidence high
With respect to defendant's purported justification in defense of a person, the People established that defendant did not actually believe that the victim was using or about to use deadly physical force against him and that a reasonable person in defendant's position would not have so believed ( see § 35.15 [2] [a]; see generally People v Wesley , 76 NY2d 555, 559-560 [1990]; People v Butera , 23 AD3d 1066 , 1068 [4th Dept 2005], lv denied 6 NY3d 774 [2006], reconsideration denied 6 NY3d 832 [2006]).
discussed Cited "see" People v. Chappell
N.Y. App. Div. · 2020 · signal: see · confidence high
"This inquiry involves a subjective and objective element, i.e., it focuses on the defendant and the circumstances he or she confronted at the time of the [incident], as well as what a reasonable person in those circumstances and having [the] defendant's background and experiences would conclude" ( People v Simmons , 111 AD3d at 978 [internal quotation marks and citations omitted]; see People v Wesley , 76 NY2d 555, 559 [1990]). "[W]henever justification is sufficiently interposed by [a] defendant, the People must prove its absence to the same degree as any element of the crime charged" ( Peop…
discussed Cited "see" People v. Chappell
N.Y. App. Div. · 2020 · signal: see · confidence high
"This inquiry involves a subjective and objective element, i.e., it focuses on the defendant and the circumstances he or she confronted at the time of the [incident], as well as what a reasonable person in those circumstances and having [the] defendant's background and experiences would conclude" ( People v Simmons , 111 AD3d at 978 [internal quotation marks and citations omitted]; see People v Wesley , 76 NY2d 555, 559 [1990]). "[W]henever justification is sufficiently interposed by [a] defendant, the People must prove its absence to the same degree as any element of the crime charged" ( Peop…
discussed Cited "see" The People v. Yusuf Sparks (2×) also: Cited "see, e.g."
NY · 2017 · signal: see · confidence high
People v Goetz, 68 NY2d *935 96, 115 [1986])” (People v Umali, 10 NY3d 417, 425 [2008]; see Wesley, 76 NY2d at 559 ).
cited Cited "see" People v. Locicero
N.Y. App. Div. · 2011 · signal: see · confidence high
“Accordingly, a jury should be instructed to consider this type of evidence in weighing the defendant’s actions” (id. at 114-115; see People v Wesley, 76 NY2d 555, 559-560 [1990]).
examined Cited "see" Mills v. Girdich (6×) also: Cited "see, e.g."
W.D.N.Y. · 2009 · signal: see · confidence high
See People v. Wesley, 76 N.Y.2d at 555 , 561 N.Y.S.2d 707 , 563 N.E.2d 21 .
discussed Cited "see" People v. Kirby
N.Y. App. Div. · 1991 · signal: see · confidence high
We agree with the defendant’s contention that the People failed to disprove the defense of justification to the reckless endangerment charge beyond a reasonable doubt (see, Penal Law § 35.20 [3]; see generally, People v Wesley, 76 NY2d 555 ; People v Goetz, 68 NY2d 96 ).
discussed Cited "see, e.g." People v. Frazier
N.Y. App. Div. · 2004 · signal: see also · confidence medium
A “justification defense requires a showing both that the defendant acted under a subjective impression of danger and that this impression was objectively reasonable under the circumstances perceived by the defendant” (see People v Chevalier, 220 AD2d 114, 116 [1996], affd 89 NY2d 1050 [1997]; see also People v Wesley, 76 NY2d 555, 559 [1990]; People v Goetz, 68 NY2d 96, 115 [1986]).
cited Cited "see, e.g." Leggio v. Leggio
N.Y.C. Fam. Ct. · 2002 · signal: see also · confidence low
See also, People v Wesley, 76 NY2d 555 (1990); People v Craig, 78 NY2d 616 (1991). .
examined Cited "see, e.g." Davis v. Strack (6×)
S.D.N.Y. · 2000 · signal: see also · confidence low
In re Y.K., 87 N.Y.2d at 433-34 , 639 N.Y.S.2d at 1003 , 663 N.E.2d 313 (emphasis added); see also, e.g., People v. Wesley, 76 N.Y.2d 555, 559 , 561 N.Y.S.2d 707, 709-10 , 563 N.E.2d 21 (1990); People v. Snell, 256 A.D.2d 480 , 682 N.Y.S.2d 80, 80 (2d Dep’t 1998); People v. Hayes, 248 A.D.2d 635, 635 , 669 N.Y.S.2d 953, 954 (2d Dep’t 1998); People v. Young, 240 A.D.2d 974, 976 , 659 N.Y.S.2d 542, 543 (3d Dep’t), appeal denied, 90 N.Y.2d 1015 , 666 N.Y.S.2d 110 , 688 N.E.2d 1394 (1997); People v. Roldan, 222 A.D.2d 132, 138 , 647 N.Y.S.2d *407 179, 183 (1st Dep’t 1996); People v. Hall, …
discussed Cited "see, e.g." People v. Orr
N.Y. App. Div. · 1993 · signal: see also · confidence low
Viewing the record in the light most favorable to the accused (People v McManus, 67 NY2d 541, 549 ; People v Falk, 185 AD2d 630 , lv denied 80 NY2d 929 ), we conclude that it fails to establish that defendant reasonably believed that the victim was about to use deadly physical force (see, People v Reynoso, 73 NY2d 816, 818 ; People v Watts, 57 NY2d 299, 301-302; see also, People v Wesley, 76 NY2d 555, 559 ).
discussed Cited "see, e.g." People v. Chavez
N.Y. App. Div. · 1991 · signal: see also · confidence low
In any event, the claim is without merit inasmuch as the court’s instruction conveyed to the jury the correct legal standard and evidence to be considered with respect to the defense of justification (see, Penal Law § 35.15; People v Goetz, 68 NY2d 96 ; see also, People v Wesley, 76 NY2d 555 ).
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Albert Wesley
New York Court of Appeals.
Oct 23, 1990.
563 N.E.2d 21
1990 N.Y. LEXIS 3367
Carolyn Connors Balowitz, Linda S. Reynolds and Barbara Davies Eberl for appellant., Kevin M. Dillon, District Attorney (Susan D. Nusbaum and John J. DeFranks of counsel), for respondent.
Hancock.
Cited by 98 opinions  |  Published

OPINION OF THE COURT

Hancock, Jr., J.

Defendant was convicted after a jury trial of second[*557] degree manslaughter (Penal Law § 125.15 [1]), second degree assault (Penal Law § 120.05 [2]), and fourth degree criminal possession of a weapon (Penal Law § 265.01 [2]). His sole contention on appeal is that the court’s jury charge on the defense of justification (Penal Law § 35.15) employed an improper standard for determining the reasonableness of defendant’s belief that it was necessary to use deadly physical force. We agree with defendant that the trial court’s instruction failed to satisfy fully the requirements of Penal Law § 35.15 as explained in People v Goetz (68 NY2d 96, 112-115). Section 35.15 requires an assessment of reasonableness which must be determined from the point of view of the particular defendant under the standard of a reasonable person in defendant’s circumstances at the time of the incident. Accordingly, there should be a reversal and a new trial.

I

In an indictment dated November 8, 1985, defendant was charged with the second degree murder of Eric Stone, the second degree assault of Keith Robinson, and fourth degree criminal possession of a weapon. The trial testimony, viewed in a light most favorable to defendant (see, People v Collice, 41 NY2d 906), revealed that defendant, a 19-year-old college student, was on the porch of a house in Buffalo with Diane Jackson, Jelean McMillan, and Arlene Woods. Woods, who had a knife in her possession, got into an argument with Jackson. The argument continued as Jackson and Woods walked away from each other. Suddenly, Woods doubled back after Jackson and threatened to stab her. Defendant managed to get the knife away from Woods and placed it in a paper bag.

At about that time, three male teen-agers arrived on the scene. Two of these youths — Eric Stone and Keith Robinson— began calling defendant "faggot” and Woods a lesbian. Despite defendant’s pleas to be left alone, Stone, Robinson and others continued shouting epithets at defendant as he walked down the street. Stone and Robinson also threatened defendant, saying "We’ll Tuck’ you up” and "We’ll kick your ass”.

Stone left the scene for a few minutes and returned carrying a stick (sometimes referred to as a pipe), 2 to 2 Vi feet in length and 1 to 3 inches in diameter. After more argument, Stone struck defendant with the stick, and defendant stabbed him in the chest. Stone fell to the ground and dropped the[*558] stick. Robinson then picked up the stick and began chasing defendant out of the area where the stabbing had taken place. When Robinson returned, he had been stabbed in the hand. Stone died as a result of the stab wound. Defendant was arrested several hours later.

At the precharge conference, the Trial Judge declined to give the defense’s proposed justification charge, stating that the proposed charge was not required under People v Goetz (68 NY2d 96, supra). The Judge told both attorneys that he would charge in accordance with Goetz, but was unable at that time to state the precise language. The following is that portion of the court’s charge under section 35.15 which pertains to the requirement of reasonableness:

“You have heard the conflicting stories told by the witnesses as to what actually happened, and you must consider these stories under the rules of law as I have explained them to you. Having decided in your own minds that what truly occurred, you must then decide whether there was legal justification for the Defendant’s alleged acts.
In order to find justification for the Defendant’s acts, you must find that he believed his conduct necessary to defend himself from what he reasonably believed to be an unprovoked physical assault against himself even if he was mistaken in his conclusion that the victim was about to assault him. As long as he reasonably believed that such assault was about to take place, he was justified in using physical force to repel such an assault. If from all of the testimony you have heard, you believe that the victim’s conduct was provoked by the Defendant himself with an intent to cause a physical injury to the victim, or that the Defendant was the initial aggressor in the altercation, then such conduct was not legally justifiable to warrant a verdict of not guilty.”

The defense exception stated, among other things, that the charge “did not direct the jury to place themselves, or a reasonable person in [defendant’s] place, and the Goetz decision states * * * a reasonable person * * * is now the standard, but there still is that subjective element * * * and you’re looking at it from [defendant’s]point of view” (emphasis added). The jury convicted defendant of second degree manslaughter, second degree assault, and fourth degree criminal[*559] possession of a weapon. The Appellate Division affirmed and a Judge of this Court granted defendant leave to appeal.

II

In People v Goetz (68 NY2d 96, supra), we concluded that section 35.15 "retains an objective element” (People v Goetz, supra, at 112) for assessing the reasonableness of defendant’s belief in the necessity for use of deadly force. But, in rejecting the argument that the standard of reasonableness should be purely subjective, we emphasized that the statute requires a determination of reasonableness that is both subjective and objective (id., at 113-115). The critical focus must be placed on the particular defendant and the circumstances actually confronting him at the time of the incident, and what a reasonable person in those circumstances and having defendant’s background and experiences would conclude (see, 1 CJI[NY] PL 35.00, Introductory Comment, at 848-849).

To determine whether a defendant’s conduct was justified under Penal Law § 35.15, a two-step inquiry is required. The jury must first determine whether defendant actually believed that deadly physical force was necessary (see, People v Goetz, supra, at 115). If the People fail to meet their burden of proving that defendant did not actually believe that the use of deadly physical force was necessary, then the jury must move to the second step of the inquiry and assess the reasonableness of this belief (id., at 115).

We held in Goetz that Penal Law § 35.15 requires a jury to consider both subjective and objective factors in determining whether a defendant’s conduct was reasonable. We stated that "a determination of reasonableness must be based on the 'circumstances’ facing a defendant or his 'situation’ * * * [A] jury should be instructed to consider this type of evidence in weighing the defendant’s actions.” (Id., at 114-115.) Evidence of a defendant’s "circumstances” includes relevant knowledge that the defendant may have had about the victim, the physical attributes of all those involved in the incident, and any prior experiences that the defendant may have had "which could provide a reasonable basis for a belief that another person’s intentions were to injure or rob him or that the use of deadly force was necessary” (id., at 114).

III

In this case, the jury was never instructed that they should[*560] assess the reasonableness of defendant’s belief that he was in deadly peril by judging the situation from the point of view of defendant as though they were actually in his place. They were never told, in words or substance, that in deciding the question of reasonableness they “must consider the circumstances [that] defendant found himself in” (id., at 113) as well as defendant’s background and other characteristics and the attributes of the other persons involved (id., at 114). The Trial Judge’s repetition of the word "reasonable” and the phrase "reasonably believed” was not sufficient to inform the jurors that they should assess defendant’s circumstances from defendant’s position. The charge did not direct the jury’s attention to the factors that we outlined in Goetz as critical to the jury’s consideration of the defendant’s circumstances, and did not inform the jurors that they should mentally place themselves in defendant’s circumstances when judging reasonableness.

We are unpersuaded by the People’s contention that a subjective element was sufficiently injected into the charge on reasonableness in the court’s instruction that the jury must consider "the conflicting stories told by the witnesses” in deciding what truly occurred. This instruction was no more than a reiteration of the general charge to the jury on its duty to resolve conflicts in the testimony and it was not related to the particular instruction on justification which followed.

The People’s alternative argument that the deficiency in the justification charge should be treated as harmless error is unavailing. Consideration of the factors required by Goetz (see, People v Goetz, supra, at 113-115), including defendant’s background and characteristics and the circumstances confronting him at the time of the incident — given the heightening tensions and the threats and epithets — might have been significant in the jury’s assessment of the reasonableness of defendant’s belief that he was in peril. In view of the sharply conflicting testimony of the witnesses, we cannot say that the proof of guilt was so forceful and compelling that, had a proper and complete justification instruction been given, the result would not have been different (see, People v Crimmins, 36 NY2d 230, 241-242).

Accordingly, the order of the Appellate Division should be reversed and a new trial ordered.

Chief Judge Wachtler and Judges Simons, Kaye, Alexander, Titone and Bellacosa concur.

Order reversed, etc.