rejection of the justification defense (New York) · Go Syfert
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rejection of the justification defense in New York

19 New York opinions name it 1 courts 1992–2025 2 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 (11)

CaseFollowedCited
People v. Blackmongreen
nyappdiv · 2009 · cited in 2 New York opinions naming this issue, 2015–2015
2 sentences

2015Contrary to the defendant’s contentions, the trial court providently exercised its discretion by precluding the defendant from testifying about his injuries from a prior assault in which he was the victim (see People v Black, 90 AD3d 1066, 1067 [2011]; People v Bowen, 67 AD3d 1022, 1023 [2009]; People v Celifie, 287 AD2d 465, 466 [2001]).

2015Contrary to the defendant’s contentions, the trial court providently exercised its discretion by precluding the defendant from testifying about his injuries from a prior assault in which he was the victim (see People v Black, 90 AD3d 1066, 1067 [2011]; People v Bowen, 67 AD3d 1022, 1023 [2009]; People v Celifie, 287 AD2d 465, 466 [2001]).

22
People v. Blackgreen
nyappdiv · 2011 · cited in 2 New York opinions naming this issue, 2015–2015
2 sentences

2015Contrary to the defendant’s contentions, the trial court providently exercised its discretion by precluding the defendant from testifying about his injuries from a prior assault in which he was the victim (see People v Black, 90 AD3d 1066, 1067 [2011]; People v Bowen, 67 AD3d 1022, 1023 [2009]; People v Celifie, 287 AD2d 465, 466 [2001]).

2015Contrary to the defendant’s contentions, the trial court providently exercised its discretion by precluding the defendant from testifying about his injuries from a prior assault in which he was the victim (see People v Black, 90 AD3d 1066, 1067 [2011]; People v Bowen, 67 AD3d 1022, 1023 [2009]; People v Celifie, 287 AD2d 465, 466 [2001]).

22
People v. Celifiegreen
nyappdiv · 2001 · cited in 2 New York opinions naming this issue, 2015–2015
2 sentences

2015Contrary to the defendant’s contentions, the trial court providently exercised its discretion by precluding the defendant from testifying about his injuries from a prior assault in which he was the victim (see People v Black, 90 AD3d 1066, 1067 [2011]; People v Bowen, 67 AD3d 1022, 1023 [2009]; People v Celifie, 287 AD2d 465, 466 [2001]).

2015Contrary to the defendant’s contentions, the trial court providently exercised its discretion by precluding the defendant from testifying about his injuries from a prior assault in which he was the victim (see People v Black, 90 AD3d 1066, 1067 [2011]; People v Bowen, 67 AD3d 1022, 1023 [2009]; People v Celifie, 287 AD2d 465, 466 [2001]).

22
People v. Suittegreen
nyappdiv · 1982 · cited in 3 New York opinions naming this issue, 2012–2014
2 sentences

2014The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80, 85-86 [1982]).

2012The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]).

13
People v. Cuttinggreen
nyappdiv · 2022 · cited in 1 New York opinions naming this issue, 2025–2025
2 sentences

2025Based on the other evidence presented at trial and deferring to the credibility determinations of the jury, we are satisfied the rejection of the justification defense was not against the weight of the evidence ( see People v Wilkins , 216 AD3d at 1364; People v Cutting , 206 AD3d 1281, 1282 [3d Dept 2022]; see also People v Mercer , 221 AD3d 1259, 1263 [3d Dept 2023], lv denied 41 NY3d 1003 [3d Dept 2024]; People v DeCamp , 211 AD3d at 1124).

2025Based on the other evidence presented at trial and deferring to the credibility determinations of the jury, we are satisfied the rejection of the justification defense was not against the weight of the evidence ( see People v Wilkins , 216 AD3d at 1364 ; People v Cutting , 206 AD3d 1281, 1282 [3d Dept 2022]; see also People v Mercer , 221 AD3d 1259, 1263 [3d Dept 2023], lv denied 41 NY3d 1003 [3d Dept 2024]; People v DeCamp , 211 AD3d at 1124).

11
People v. Wilkinsgreen
nyappdiv · 2023 · cited in 1 New York opinions naming this issue, 2025–2025
2 sentences

2025Based on the other evidence presented at trial and deferring to the credibility determinations of the jury, we are satisfied the rejection of the justification defense was not against the weight of the evidence ( see People v Wilkins , 216 AD3d at 1364; People v Cutting , 206 AD3d 1281, 1282 [3d Dept 2022]; see also People v Mercer , 221 AD3d 1259, 1263 [3d Dept 2023], lv denied 41 NY3d 1003 [3d Dept 2024]; People v DeCamp , 211 AD3d at 1124).

2025Based on the other evidence presented at trial and deferring to the credibility determinations of the jury, we are satisfied the rejection of the justification defense was not against the weight of the evidence ( see People v Wilkins , 216 AD3d at 1364 ; People v Cutting , 206 AD3d 1281, 1282 [3d Dept 2022]; see also People v Mercer , 221 AD3d 1259, 1263 [3d Dept 2023], lv denied 41 NY3d 1003 [3d Dept 2024]; People v DeCamp , 211 AD3d at 1124).

11
People v. Mercergreen
nyappdiv · 2023 · cited in 1 New York opinions naming this issue, 2025–2025
2 sentences

2025Based on the other evidence presented at trial and deferring to the credibility determinations of the jury, we are satisfied the rejection of the justification defense was not against the weight of the evidence ( see People v Wilkins , 216 AD3d at 1364; People v Cutting , 206 AD3d 1281, 1282 [3d Dept 2022]; see also People v Mercer , 221 AD3d 1259, 1263 [3d Dept 2023], lv denied 41 NY3d 1003 [3d Dept 2024]; People v DeCamp , 211 AD3d at 1124).

2025Based on the other evidence presented at trial and deferring to the credibility determinations of the jury, we are satisfied the rejection of the justification defense was not against the weight of the evidence ( see People v Wilkins , 216 AD3d at 1364 ; People v Cutting , 206 AD3d 1281, 1282 [3d Dept 2022]; see also People v Mercer , 221 AD3d 1259, 1263 [3d Dept 2023], lv denied 41 NY3d 1003 [3d Dept 2024]; People v DeCamp , 211 AD3d at 1124).

11
People v. Harrisgreen
nyappdiv · 2020 · cited in 1 New York opinions naming this issue, 2022–2022
1 sentence

2022Viewing the evidence in a neutral light and deferring to the jury's assessment of witness credibility, the rejection of the justification defense is not against the weight of the evidence ( see People v Harris , 186 AD3d 907, 910 [2020], lv denied 36 NY3d 1120 [2021]; People v Gaillard , 162 AD3d 1205 , 1207 [2018], lv denied 32 NY3d 1064 [2018]; People v Newland , 83 AD3d 1202, 1205 [2011], lv denied 17 NY3d 798 [2011]; People v Durand , 188 AD2d 747, 747 [1992], lv denied 81 NY2d 884 [1993]).

11
People v. Newlandgreen
nyappdiv · 2011 · cited in 1 New York opinions naming this issue, 2022–2022
1 sentence

2022Viewing the evidence in a neutral light and deferring to the jury's assessment of witness credibility, the rejection of the justification defense is not against the weight of the evidence ( see People v Harris , 186 AD3d 907, 910 [2020], lv denied 36 NY3d 1120 [2021]; People v Gaillard , 162 AD3d 1205 , 1207 [2018], lv denied 32 NY3d 1064 [2018]; People v Newland , 83 AD3d 1202, 1205 [2011], lv denied 17 NY3d 798 [2011]; People v Durand , 188 AD2d 747, 747 [1992], lv denied 81 NY2d 884 [1993]).

11
People v. Durandgreen
nyappdiv · 1992 · cited in 1 New York opinions naming this issue, 2022–2022
1 sentence

2022Viewing the evidence in a neutral light and deferring to the jury's assessment of witness credibility, the rejection of the justification defense is not against the weight of the evidence ( see People v Harris , 186 AD3d 907, 910 [2020], lv denied 36 NY3d 1120 [2021]; People v Gaillard , 162 AD3d 1205 , 1207 [2018], lv denied 32 NY3d 1064 [2018]; People v Newland , 83 AD3d 1202, 1205 [2011], lv denied 17 NY3d 798 [2011]; People v Durand , 188 AD2d 747, 747 [1992], lv denied 81 NY2d 884 [1993]).

11
People v. Evansgreen
ny · 2011 · cited in 1 New York opinions naming this issue, 2020–2020
1 sentence

2020The defendant's contention that he was deprived of the effective assistance of counsel is based, in part, on matter appearing on the record and, in part, on matter outside the record, and thus, constitutes a "mixed claim of ineffective assistance" ( People v Maxwell , 89 AD3d 1108, 1109 ; see People v Evans , 16 NY3d 571 , 575 n 2).

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 (11)

CaseCitedYears
People v. Romero green
ny · 2006
2 sentences

2020Upon reviewing the record, we are satisfied that the verdict of guilt of manslaughter in the first degree and the rejection of the justification defense were not against the weight of the evidence ( see People v Romero , 7 NY3d 633 ).

2018Upon reviewing the record, we are satisfied that the verdict of guilt of manslaughter in the first degree and the rejection of the justification defense were not against the weight of the evidence ( see People v Romero, 7 NY3d 633 ).

162012–2020
People v. Marti green
ny · 2011
1 sentence

2022Viewing the evidence in a neutral light and deferring to the jury's assessment of witness credibility, the rejection of the justification defense is not against the weight of the evidence ( see People v Harris , 186 AD3d 907, 910 [2020], lv denied 36 NY3d 1120 [2021]; People v Gaillard , 162 AD3d 1205 , 1207 [2018], lv denied 32 NY3d 1064 [2018]; People v Newland , 83 AD3d 1202, 1205 [2011], lv denied 17 NY3d 798 [2011]; People v Durand , 188 AD2d 747, 747 [1992], lv denied 81 NY2d 884 [1993]).

12022–2022
People v. Maxwell green
nyappdiv · 2011
1 sentence

2020The defendant's contention that he was deprived of the effective assistance of counsel is based, in part, on matter appearing on the record and, in part, on matter outside the record, and thus, constitutes a "mixed claim of ineffective assistance" ( People v Maxwell , 89 AD3d 1108, 1109 ; see People v Evans , 16 NY3d 571 , 575 n 2).

12020–2020
People v. Ayala green
nyappdiv · 2010
1 sentence

2018The defendant's contention that the portion of the County Court's Sandoval ruling [*2]( see People v Sandoval, 34 NY2d 371 ) permitting cross-examination as to his prior conviction of false personation and the underlying facts of that conviction constituted an abuse of discretion and deprived him of his right to a fair trial is unpreserved for appellate review ( see CPL 470.05[2]; People v Jackson, 139 AD3d 875, 877 ; People v Ayala, 69 AD3d 869 ; People v Melvin, 223 AD2d 604 ).

12018–2018
People v. Melvin neutral
nyappdiv · 1996
1 sentence

2018The defendant's contention that the portion of the County Court's Sandoval ruling [*2]( see People v Sandoval, 34 NY2d 371 ) permitting cross-examination as to his prior conviction of false personation and the underlying facts of that conviction constituted an abuse of discretion and deprived him of his right to a fair trial is unpreserved for appellate review ( see CPL 470.05[2]; People v Jackson, 139 AD3d 875, 877 ; People v Ayala, 69 AD3d 869 ; People v Melvin, 223 AD2d 604 ).

12018–2018
People v. Jackson green
nyappdiv · 2016
1 sentence

2018The defendant's contention that the portion of the County Court's Sandoval ruling [*2]( see People v Sandoval, 34 NY2d 371 ) permitting cross-examination as to his prior conviction of false personation and the underlying facts of that conviction constituted an abuse of discretion and deprived him of his right to a fair trial is unpreserved for appellate review ( see CPL 470.05[2]; People v Jackson, 139 AD3d 875, 877 ; People v Ayala, 69 AD3d 869 ; People v Melvin, 223 AD2d 604 ).

12018–2018
People v. Sandoval green
ny · 1974
1 sentence

2018The defendant's contention that the portion of the County Court's Sandoval ruling [*2]( see People v Sandoval, 34 NY2d 371 ) permitting cross-examination as to his prior conviction of false personation and the underlying facts of that conviction constituted an abuse of discretion and deprived him of his right to a fair trial is unpreserved for appellate review ( see CPL 470.05[2]; People v Jackson, 139 AD3d 875, 877 ; People v Ayala, 69 AD3d 869 ; People v Melvin, 223 AD2d 604 ).

12018–2018
People v. Reaves green
nyappdiv · 2015
2 sentences

2017Upon reviewing the record, we are satisfied that the verdict of guilt and the rejection of the justification defense were not against the weight of the evidence ( see People v Romero , 7 NY3d 633 ; People v Rosado , 134 AD3d 1133 ).

2017Upon reviewing the record, we are satisfied that the verdict of guilt and the rejection of the justification defense were not against the weight of the evidence (see People v Romero, 7 NY3d 633 [2006]; People v Rosado, 134 AD3d 1133 [2015]).

12017–2017
People v. West green
nyappdiv · 2000
2 sentences

2017The defendant's contention as to the propriety of the People's cross-examination of a character witness is without merit ( see People v West , 271 AD2d 806 ).

2017The defendant’s contention as to the propriety of the People’s cross-examination of a character witness is without merit (see People v West, 271 AD2d 806 [2000]).

12017–2017
People v. McElroy green
nyappdiv · 2016
1 sentence

2016In light of our determination on a related appeal by the People (see People v McElroy, 139 AD3d 980 [2016] [decided herewith]), the defendant’s remaining contention is academic.

12016–2016
People v. Contes green
ny · 1983
1 sentence

1992Viewing the evidence in the light most favorable to the prosecution (see, People v Contes, 60 NY2d 620 ), we find that the defendant’s guilt was established beyond a reasonable doubt.

11992–1992

Statutes the citing opinions construe

NY § N.Y. Penal Law § 35.15 (6) NY § N.Y. Penal Law § 125.20 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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