The People of the State of New York, Respondent v. Mark P. Jones, Appellant

Summary

The court held that New York's home exception to the duty to retreat applies when the alleged assailant and defender share the same dwelling. The trial court therefore erred by omitting that exception from its justification instruction, but the error was harmless because the evidence did not support a reasonable belief that the victim was using or about to use deadly force. The conviction was affirmed.