tendered defense (New York) · Go Syfert
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tendered defense in New York

17 New York opinions name it 3 courts 1982–2025 3 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 (5)

CaseFollowedCited
People v. Wattsgreen
ny · 1982 · cited in 14 New York opinions naming this issue, 1983–2025
2 sentences

2025"Only when there is ' no reasonable view of the evidence [that] would support a finding of the tendered defense [is] the court' relieved of its 'obligation to submit the question to the jury' " ( J.L. , 36 NY3d at 119 [emphasis in original], quoting People v Watts , 57 NY2d 299, 301 [1982]).

2025"Only when there is ' no reasonable view of the evidence [that] would support a finding of the tendered defense [is] the court' relieved of its 'obligation to submit the question to the jury' " ( J.L. , 36 NY3d at 119 [emphasis in original], quoting People v Watts , 57 NY2d 299, 301 [1982]).

414
People v. Banksgreen
ny · 1990 · cited in 1 New York opinions naming this issue, 2022–2022
1 sentence

2022Viewing the evidence adduced at trial in the light most favorable to defendant, as we must (see People v Banks, 76 NY2d 799, 800 [1990]), we conclude that “‘no reasonable view of the evidence would support a finding of the tendered defense’” of temporary and -4- -5- No. 100 lawful possession and, thus, County Court was “‘under no obligation to submit the question to the jury’” (People v Williams, 36 NY3d 156 , 160 [2020], quoting People v Watts, 57 NY2d 299, 301 [1982]).

11
People v. La Pellagreen
ny · 1936 · cited in 1 New York opinions naming this issue, 2020–2020
1 sentence

2020This Court has long held that criminal possession of a weapon, as proscribed by the Penal Law, “‘should not be construed to mean a possession . . . which might result temporarily and incidentally from the performance of some lawful act’” (People v LaPella, 272 NY 81, 83 [1936], quoting People v Persce, 204 NY 397, 402 [1912]).

11
People v. . Perscegreen
ny · 1912 · cited in 1 New York opinions naming this issue, 2020–2020
1 sentence

2020This Court has long held that criminal possession of a weapon, as proscribed by the Penal Law, “‘should not be construed to mean a possession . . . which might result temporarily and incidentally from the performance of some lawful act’” (People v LaPella, 272 NY 81, 83 [1936], quoting People v Persce, 204 NY 397, 402 [1912]).

11
Presbyterian Hospital v. Maryland Casualty Co.green
ny · 1997 · cited in 1 New York opinions naming this issue, 2006–2006
1 sentence

2006Co., supra, 90 NY2d at 285-286 [“The tradeoff of the no-fault reform still allows carriers to contest ill-founded, illegitimate and fraudulent claims, but within a strict, short-leashed contestable period and process designed to avoid prejudice and red-tape dilatory practices.

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 (6)

CaseCitedYears
People v. McKenzie green
ny · 2012
2 sentences

2025Thus, a requested charge "must be given if there is evidence reasonably supportive of the defense, even if there is other evidence which, if credited, would negate it" ( McKenzie , 19 NY3d at 466 ).

2025Thus, a requested charge "must be given if there is evidence reasonably supportive of the defense, even if there is other evidence which, if credited, would negate it" ( McKenzie , 19 NY3d at 466 ).

12025–2025
People v. Sackey-El green
nyappdiv · 2017
1 sentence

2018"Justification is not a defense to criminal possession of a weapon" ( People v Sackey-El , 149 AD3d at 1105 ).

12018–2018
People v. Reynoso green
ny · 1988
1 sentence

1997Viewing the evidence in the light most favorable to defendant (see, People v Reynoso, 73 NY2d 816 ), we conclude that the court properly declined to charge justification. "[W]hen no reasonable view of the evidence would support a finding of the tendered defense, the court is under no obligation to submit the question to the jury” (People v Watts, 57 NY2d 299, 301 ; see, People v Collice, 41 NY2d 906 ).

11997–1997
People v. Brown green
nyappdiv · 1979
1 sentence

1993Defendant’s generalized and unspecific testimony that he had seen correction officers beat inmates fails, as a matter of law, to justify a necessity defense (Penal Law § 35.05 [2]) because he participated in and aggravated the escalating crisis (see, People v Torres, 103 AD2d 972 ; People v Brown, 68 AD2d 503, 511-512 ).

11993–1993
People v. Torres green
nyappdiv · 1984
1 sentence

1993Defendant’s generalized and unspecific testimony that he had seen correction officers beat inmates fails, as a matter of law, to justify a necessity defense (Penal Law § 35.05 [2]) because he participated in and aggravated the escalating crisis (see, People v Torres, 103 AD2d 972 ; People v Brown, 68 AD2d 503, 511-512 ).

11993–1993
Riggs v. . Palmer green
ny · 1889
1 sentence

1982The principle in Riggs v Palmer ( 115 NY 506 ), would appear to cover and reject the carrier’s instant tendered defense.

11982–1982

Statutes the citing opinions construe

NY § N.Y. Penal Law § 35.05 (3) NY § N.Y. Penal Law § 35.15 (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.

Where else courts name it

IN 895 (1918–2025) NE 244 (1935–2026) IL 233 (1944–2026) CO 161 (1908–2026) NM 74 (1917–2025) MO 39 (1971–2018) KY 24 (1919–2026) NY 17 (1982–2025) TX 12 (1945–2018) CA 11 (1948–2023) NC 7 (1977–2007) MS 7 (1989–2025) VA 6 (1973–2025) SD 4 (2003–2025) WY 4 (1977–2006) AL 3 (1949–1977) IA 3 (1996–2016) FL 3 (1974–1987) HI 3 (1983–2010) MD 2 (2008–2021) OR 2 (1961–1970) OK 2 (1899–1934) CT 2 (1994–1995) WV 2 (1953–1981) AZ 2 (1966–1995)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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