New York Court of Appeals
The People of the State of New York v. Frank Magliato
July 8, 198668 N.Y.2d 24
Summary
The New York Court of Appeals affirmed the Appellate Division’s reduction of the defendant’s murder conviction to second‑degree manslaughter. The court held that the statutory justification defense under Penal Law § 35.15 applies to the defendant’s act of drawing, cocking, and aiming a loaded pistol—even though the discharge was accidental—because such conduct constitutes the “use of deadly physical force.” Consequently, the lack of a justification instruction did not require reversal of the conviction.