evidence supports a justification defense (New York) · Go Syfert
← New York issues

evidence supports a justification defense in New York

6 New York opinions name it 3 courts 2004–2025 1 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 (4)

CaseFollowedCited
People v. Padgettgreen
ny · 1983 · cited in 3 New York opinions naming this issue, 2004–2025
2 sentences

2025"In determining whether the evidence supports a justification defense, the record must [*2]be viewed in the light most favorable to the defendant" ( id. ; see People v Padgett , 60 NY2d 142, 144-145).

2025"In determining whether the evidence supports a justification defense, the record must [*2]be viewed in the light most favorable to the defendant" ( id. ; see People v Padgett , 60 NY2d 142, 144-145 ).

23
People v. Gonzalezgreen
ny · 1986 · cited in 2 New York opinions naming this issue, 2017–2017
2 sentences

2017These fact-intensive, discretionary determinations are properly resolved as a threshold matter by ***545 trial judges, who are best-situated to assess the particular circumstances and needs of each case ( see e.g. , People v. Petty , 7 N.Y.3d 277 , 284, 819 N.Y.S.2d 684 , 852 N.E.2d 1155 [2006] [trial court determines whether any reasonable view of the evidence supports a justification defense charge]; *1210 **231 People v. Gonzalez , 68 N.Y.2d 424 , 430, 509 N.Y.S.2d 796 , 502 N.E.2d 583 [1986] [trial court makes threshold determination as to whether missing witness charge is warranted] ).

2017These fact-intensive, discretionary determinations are properly resolved as a threshold matter by ***545 trial judges, who are best-situated to assess the particular circumstances and needs of each case ( see e.g. , People v. Petty , 7 N.Y.3d 277 , 284, 819 N.Y.S.2d 684 , 852 N.E.2d 1155 [2006] [trial court determines whether any reasonable view of the evidence supports a justification defense charge]; *1210 **231 People v. Gonzalez , 68 N.Y.2d 424 , 430, 509 N.Y.S.2d 796 , 502 N.E.2d 583 [1986] [trial court makes threshold determination as to whether missing witness charge is warranted] ).

12
People v. Pettygreen
ny · 2006 · cited in 2 New York opinions naming this issue, 2017–2017
2 sentences

2017These fact-intensive, discretionary determinations are properly resolved as a threshold matter by ***545 trial judges, who are best-situated to assess the particular circumstances and needs of each case ( see e.g. , People v. Petty , 7 N.Y.3d 277 , 284, 819 N.Y.S.2d 684 , 852 N.E.2d 1155 [2006] [trial court determines whether any reasonable view of the evidence supports a justification defense charge]; *1210 **231 People v. Gonzalez , 68 N.Y.2d 424 , 430, 509 N.Y.S.2d 796 , 502 N.E.2d 583 [1986] [trial court makes threshold determination as to whether missing witness charge is warranted] ).

2017These fact-intensive, discretionary determinations are properly resolved as a threshold matter by ***545 trial judges, who are best-situated to assess the particular circumstances and needs of each case ( see e.g. , People v. Petty , 7 N.Y.3d 277 , 284, 819 N.Y.S.2d 684 , 852 N.E.2d 1155 [2006] [trial court determines whether any reasonable view of the evidence supports a justification defense charge]; *1210 **231 People v. Gonzalez , 68 N.Y.2d 424 , 430, 509 N.Y.S.2d 796 , 502 N.E.2d 583 [1986] [trial court makes threshold determination as to whether missing witness charge is warranted] ).

12
People v. Rodriguezgreen
ny · 1992 · cited in 1 New York opinions naming this issue, 2017–2017
1 sentence

2017People v Petty, 7 NY3d 277, 284 [2006] [trial court determines whether any 2 Even defendant and his amici acknowledge that a cross- racial identification charge is unwarranted in the context of confirmatory identifications (see Brief of Former Judges and Prosecutors as Amici Curiae at 10 n 3 [noting that a mandatory rule should "exclude 'confirmatory identifications'"], citing People v Rodriguez, 79 NY2d 445, 449-452 [1992]). - 12 - - 13 - No. 55 reasonable view of the evidence supports a justification defense charge]; People v Gonzalez, 68 NY2d 424, 430 [1986] [trial court makes threshold det

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 (5)

CaseCitedYears
People v. Samuels green
nyappdiv · 2004
2 sentences

2025"In determining whether the evidence supports a justification defense, the record must [*2]be viewed in the light most favorable to the defendant" ( id. ; see People v Padgett , 60 NY2d 142, 144-145).

2025"In determining whether the evidence supports a justification defense, the record must [*2]be viewed in the light most favorable to the defendant" ( id. ; see People v Padgett , 60 NY2d 142, 144-145 ).

12025–2025
People v. Duka neutral
nyappdiv · 2019
1 sentence

2020In determining whether the evidence supports a justification defense, the record must be viewed in the light most favorable to the defendant ( see People v White , 164 AD3d 1480 ; People v Duka , 173 AD3d 764 ).

12020–2020
People v. Reynoso green
ny · 1988
1 sentence

2020The failure to charge justification constitutes reversible error when a reasonable view of the evidence, taken in a light most favorable to the defendant, supports the defense ( see People v Reynoso , 73 NY2d 816, 818 ; People v White , 164 AD3d 1480 ; People v Forde , 140 AD3d 1085, 1087 ).

12020–2020
People v. Forde green
nyappdiv · 2016
1 sentence

2020The failure to charge justification constitutes reversible error when a reasonable view of the evidence, taken in a light most favorable to the defendant, supports the defense ( see People v Reynoso , 73 NY2d 816, 818 ; People v White , 164 AD3d 1480 ; People v Forde , 140 AD3d 1085, 1087 ).

12020–2020
People v. Watts green
ny · 1982
1 sentence

2009However, viewing the record in the light most favorable to the defendant (see People v Padgett, 60 NY2d at 144 ; People v Watts, 57 NY2d at 301 ), I respectfully submit that the evidence supports a justification defense.

12009–2009

Statutes the citing opinions construe

NY § N.Y. Penal Law § 35.15 (4)

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

NY 6 (2004–2025) AZ 2 (2016–2016)

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.

← Caselaw search · G Cite Topics · Brief Check