People v. Jackson
Cases that cite this one
3 later published cases cite this decision.
- People v. Marzug (Appellate Division of the Supreme Court of New York 2001)
- People v. Wegman (Appellate Division of the Supreme Court of New York 1999)
- People v. Hunt (Appellate Division of the Supreme Court of New York 1997)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
—Judgment unanimously affirmed. Memorandum: After a jury trial, defendant was found guilty of assault in the second degree (Penal Law § 120.05) and assault in the third degree (Penal Law § 120.00). The sole contention of defendant on appeal is that County Court erred in denying his request to charge the defense of justification (see, Penal Law § 35.15). Viewing 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). (Appeal from Judgment of Chautauqua County Court, Ward, J.—Assault, 2nd Degree.) Present—Green, J. P., Pine, Callahan, Balio and Boehm, JJ.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.