People v. Cardone
Cases that cite this one
3 later published cases cite this decision.
- People v. Cromwell (James) (Appellate Terms of the Supreme Court of New York 2019)
- People v. Craig (N.Y. 1991)
- People v. Scutari (Nassau County District Court 1990)
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
OPINION OF THE COURT
Memorandum.
The order of County Court should be affirmed.
We agree that the Trial Judge did not err in refusing to charge the defense of justification pursuant to Penal Law § 35.05 (1). That statute provides in part that conduct which would otherwise constitute an offense is justifiable and not criminal when "[s]uch conduct is required or authorized by law or by a judicial decree”. Defendant’s belief that his conduct was authorized does not warrant submission of a justification charge to the jury (compare, Model Penal Code §3.03 [3] [a]).
We have considered defendant’s remaining contentions and find them to be without merit.
Chief Judge Wachtler and Judges Meyer, Simons, Kaye, Alexander, Titone and Hancock, Jr., concur.
Order affirmed in a memorandum.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.