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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.
| Case | Followed | Cited |
|---|---|---|
People v. Padgettgreen2 sentences2025"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 ). | 2 | 3 |
People v. Gonzalezgreen2 sentences2017These 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] ). | 1 | 2 |
People v. Pettygreen2 sentences2017These 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] ). | 1 | 2 |
People v. Rodriguezgreen1 sentence2017People 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 | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
People v. Samuels
green
2 sentences2025"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 ). | 1 | 2025–2025 |
People v. Duka
neutral
1 sentence2020In 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 ). | 1 | 2020–2020 |
People v. Reynoso
green
1 sentence2020The 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 ). | 1 | 2020–2020 |
People v. Forde
green
1 sentence2020The 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 ). | 1 | 2020–2020 |
People v. Watts
green
1 sentence2009However, 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. | 1 | 2009–2009 |
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.
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.