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.