The People of the State of New York, Respondent v. Richard Aiken, Appellant

Summary

The court held that a defendant standing in the doorway between an apartment and a common hall has a duty under Penal Law § 35.15 to retreat into the apartment before using deadly physical force when retreat can be accomplished with complete safety. The doorway was not part of the defendant's dwelling because it was a hybrid private-public space, and the trial court therefore properly refused to give a no-duty-to-retreat instruction. The court affirmed the conviction and sentence.