New York Court of Appeals

The People of the State of New York v. Albert Wesley

October 23, 199076 N.Y.2d 555

Summary

The New York Court of Appeals reversed the Appellate Division and ordered a new trial because the trial court's justification instruction failed to satisfy Penal Law § 35.15's requirement that reasonableness be judged from the defendant's perspective. The Court held that the error was not harmless given the significance of the omitted factors.