New York Court of Appeals

The People of the State of New York, Respondent v. Rodney Cox, Appellant

December 17, 199892 N.Y.2d 1002

Summary

The New York Court of Appeals affirmed the Appellate Division’s order, holding that the trial court correctly refused to charge the justification defense under Penal Law § 35.20(3) because the evidence did not show a reasonable belief that deadly force was necessary. Justice Levine dissented, arguing that the evidence did support the defense and the conviction should be reversed.