[Download] "People State New York v. Edward Desmond" by Supreme Court of New York * eBook PDF Kindle ePub Free

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eBook details

• Title: People State New York v. Edward Desmond
• Author : Supreme Court of New York
• Release Date : January 04, 1983
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 65 KB

Description

Appeal by defendant from a judgment of the Supreme Court, Kings County (Bonomo, J.), rendered September 17, 1980, convicting him of manslaughter in the first degree and criminal possession of a weapon in the fourth degree, upon a jury verdict, and imposing sentence. Judgment reversed, on the law, and new trial ordered. Defendants sole defense at trial was that of justification. There was conflicting testimony as to whether or not the decedent had threatened and attacked defendant with a knife. Defendant admitted that he stabbed the decedent. Subdivision 2 of section 35.15 of the Penal Law provides that a person may use deadly physical force upon another person when he reasonably believes that such person is using or is about to use deadly physical force against him and he cannot with complete safety avoid it by retreating. The defendants state of mind is the crucial fact when the defense of justification is asserted (People v Miller, 39 N.Y.2d 543, 551). His subjective belief as to the imminence and seriousness of danger must be reasonable (People v Miller, supra, p 548; People v Governale, 193 NY 581, 588). [93 A.D.2d 822 Page 823]

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