People disproved the justification defense (New York) · Go Syfert
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People disproved the justification defense in New York

6 New York opinions name it 1 courts 2001–2018 0 in the last five years

The cases below were cited by New York courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (6)

CaseFollowedCited
People v. Fishergreen
nyappdiv · 2011 · cited in 3 New York opinions naming this issue, 2013–2013
2 sentences

2013When arrested three days later, defendant admitted to the police that he shot the victim, explaining that he did so because he feared that, due to a dispute over drug money, the victim was going to kill him “sooner or later.” Thus, although defendant testified at trial that he believed that the victim was reaching for a gun in his waistband moments before he shot him, we nevertheless conclude that the People disproved the justification defense beyond a reasonable doubt (see People v McCallum, 96 AD3d 1638, 1639 [2012], lv denied 19 NY3d 1103 [2012]; People v Rogers, 94 AD3d 1152, 1152 [2012];

2013When arrested three days later, defendant admitted to the police that he shot the victim, explaining that he did so because he feared that, due to a dispute over drug money, the victim was going to kill him “sooner or later.” Thus, although defendant testified at trial that he believed that the victim was reaching for a gun in his waistband moments before he shot him, we nevertheless conclude that the People disproved the justification defense beyond a reasonable doubt (see People v McCallum, 96 AD3d 1638, 1639 [2012], lv denied 19 NY3d 1103 [2012]; People v Rogers, 94 AD3d 1152, 1152 [2012];

23
People v. Rogersgreen
nyappdiv · 2012 · cited in 3 New York opinions naming this issue, 2013–2013
2 sentences

2013When arrested three days later, defendant admitted to the police that he shot the victim, explaining that he did so because he feared that, due to a dispute over drug money, the victim was going to kill him “sooner or later.” Thus, although defendant testified at trial that he believed that the victim was reaching for a gun in his waistband moments before he shot him, we nevertheless conclude that the People disproved the justification defense beyond a reasonable doubt (see People v McCallum, 96 AD3d 1638, 1639 [2012], lv denied 19 NY3d 1103 [2012]; People v Rogers, 94 AD3d 1152, 1152 [2012];

2013When arrested three days later, defendant admitted to the police that he shot the victim, explaining that he did so because he feared that, due to a dispute over drug money, the victim was going to kill him “sooner or later.” Thus, although defendant testified at trial that he believed that the victim was reaching for a gun in his waistband moments before he shot him, we nevertheless conclude that the People disproved the justification defense beyond a reasonable doubt (see People v McCallum, 96 AD3d 1638, 1639 [2012], lv denied 19 NY3d 1103 [2012]; People v Rogers, 94 AD3d 1152, 1152 [2012];

23
People v. McCallumgreen
nyappdiv · 2012 · cited in 3 New York opinions naming this issue, 2013–2013
2 sentences

2013When arrested three days later, defendant admitted to the police that he shot the victim, explaining that he did so because he feared that, due to a dispute over drug money, the victim was going to kill him “sooner or later.” Thus, although defendant testified at trial that he believed that the victim was reaching for a gun in his waistband moments before he shot him, we nevertheless conclude that the People disproved the justification defense beyond a reasonable doubt (see People v McCallum, 96 AD3d 1638, 1639 [2012], lv denied 19 NY3d 1103 [2012]; People v Rogers, 94 AD3d 1152, 1152 [2012];

2013When arrested three days later, defendant admitted to the police that he shot the victim, explaining that he did so because he feared that, due to a dispute over drug money, the victim was going to kill him “sooner or later.” Thus, although defendant testified at trial that he believed that the victim was reaching for a gun in his waistband moments before he shot him, we nevertheless conclude that the People disproved the justification defense beyond a reasonable doubt (see People v McCallum, 96 AD3d 1638, 1639 [2012], lv denied 19 NY3d 1103 [2012]; People v Rogers, 94 AD3d 1152, 1152 [2012];

23
People v. Jonesgreen
ny · 2004 · cited in 1 New York opinions naming this issue, 2018–2018
1 sentence

2018The testimony established that defendant did not reasonably believe that either the father or the son was using or about to use deadly physical force against him so as to justify his use of such force, and that a reasonable person in defendant's position would not have perceived that deadly force was necessary ( see Penal Law § 35.15 [1], [2] [a]; People v Petty , 7 NY3d 277, 284-285 [2006]; People v Jones , 3 NY3d 491, 496 [2004]; People v Every , 146 AD3d at 1161-1162 ).

11
People v. Pettygreen
ny · 2006 · cited in 1 New York opinions naming this issue, 2018–2018
1 sentence

2018The testimony established that defendant did not reasonably believe that either the father or the son was using or about to use deadly physical force against him so as to justify his use of such force, and that a reasonable person in defendant's position would not have perceived that deadly force was necessary ( see Penal Law § 35.15 [1], [2] [a]; People v Petty , 7 NY3d 277, 284-285 [2006]; People v Jones , 3 NY3d 491, 496 [2004]; People v Every , 146 AD3d at 1161-1162 ).

11
People v. Goetzgreen
ny · 1986 · cited in 1 New York opinions naming this issue, 2001–2001
1 sentence

2001In any event, viewing the evidence in the light most favorable to the People, we conclude that the People disproved the justification defense beyond a reasonable doubt (see, People v Glod, 234 AD2d 384, 385 , lv denied 89 NY2d 1093 ; see also, People v Goetz, 68 NY2d 96, 105-106 ).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway.

Also cited on this issue (7)

CaseCitedYears
People v. Gillespie green
ny · 2012
2 sentences

2013When arrested three days later, defendant admitted to the police that he shot the victim, explaining that he did so because he feared that, due to a dispute over drug money, the victim was going to kill him “sooner or later.” Thus, although defendant testified at trial that he believed that the victim was reaching for a gun in his waistband moments before he shot him, we nevertheless conclude that the People disproved the justification defense beyond a reasonable doubt (see People v McCallum, 96 AD3d 1638, 1639 [2012], lv denied 19 NY3d 1103 [2012]; People v Rogers, 94 AD3d 1152, 1152 [2012];

2013When arrested three days later, defendant admitted to the police that he shot the victim, explaining that he did so because he feared that, due to a dispute over drug money, the victim was going to kill him “sooner or later.” Thus, although defendant testified at trial that he believed that the victim was reaching for a gun in his waistband moments before he shot him, we nevertheless conclude that the People disproved the justification defense beyond a reasonable doubt (see People v McCallum, 96 AD3d 1638, 1639 [2012], lv denied 19 NY3d 1103 [2012]; People v Rogers, 94 AD3d 1152, 1152 [2012];

32013–2013
People v. Every green
nyappdiv · 2017
1 sentence

2018The testimony established that defendant did not reasonably believe that either the father or the son was using or about to use deadly physical force against him so as to justify his use of such force, and that a reasonable person in defendant's position would not have perceived that deadly force was necessary ( see Penal Law § 35.15 [1], [2] [a]; People v Petty , 7 NY3d 277, 284-285 [2006]; People v Jones , 3 NY3d 491, 496 [2004]; People v Every , 146 AD3d at 1161-1162 ).

12018–2018
People v. Iqbal green
nyappterm · 2011
1 sentence

2013When arrested three days later, defendant admitted to the police that he shot the victim, explaining that he did so because he feared that, due to a dispute over drug money, the victim was going to kill him “sooner or later.” Thus, although defendant testified at trial that he believed that the victim was reaching for a gun in his waistband moments before he shot him, we nevertheless conclude that the People disproved the justification defense beyond a reasonable doubt (see People v McCallum, 96 AD3d 1638, 1639 , lv denied 19 NY3d 1103 ; People v Rogers, 94 AD3d 1152, 1152 ; People v Fisher, 8

12013–2013
People v. Carrera green
nyappdiv · 2001
1 sentence

2004Based on the testimony of the People’s witnesses, the jury could have concluded that the defendant was the initial ag gressor (see People v Carrera, 282 AD2d 614 [2001]; People v Keefer, 197 AD2d 915 [1993]).

12004–2004
People v. Keefer green
nyappdiv · 1993
1 sentence

2004Based on the testimony of the People’s witnesses, the jury could have concluded that the defendant was the initial ag gressor (see People v Carrera, 282 AD2d 614 [2001]; People v Keefer, 197 AD2d 915 [1993]).

12004–2004
People v. Contes green
ny · 1983
1 sentence

2004In any event, viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620 [1983]), we find that the People disproved the justification defense by legally sufficient evidence.

12004–2004
People v. Glod neutral
nyappdiv · 1996
1 sentence

2001In any event, viewing the evidence in the light most favorable to the People, we conclude that the People disproved the justification defense beyond a reasonable doubt (see, People v Glod, 234 AD2d 384, 385 , lv denied 89 NY2d 1093 ; see also, People v Goetz, 68 NY2d 96, 105-106 ).

12001–2001

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