People v. Cardone

New York Court of Appeals

People v. Cardone

500 N.E.2d 867, 68 N.Y.2d 829, 508 N.Y.S.2d 169, 1986 N.Y. LEXIS 21227

CourtNew York Court of Appeals

DecidedOctober 7, 1986

StatusPublished

Cited by3 cases

This text of 500 N.E.2d 867 (People v. Cardone) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Cardone, 500 N.E.2d 867, 68 N.Y.2d 829, 508 N.Y.S.2d 169, 1986 N.Y. LEXIS 21227 (N.Y. 1986).

Pincite

Opinion

OPINION OF THE COURT

Memorandum.

The order of County Court should be affirmed.

We agree that the Trial Judge did not err in refusing to charge the defense of justification pursuant to Penal Law § 35.05 (1). That statute provides in part that conduct which would otherwise constitute an offense is justifiable and not criminal when "[s]uch conduct is required or authorized by law or by a judicial decree”. Defendant’s belief that his conduct was authorized does not warrant submission of a justification charge to the jury (compare, Model Penal Code §3.03 [3] [a]).

We have considered defendant’s remaining contentions and find them to be without merit.

Chief Judge Wachtler and Judges Meyer, Simons, Kaye, Alexander, Titone and Hancock, Jr., concur.

Order affirmed in a memorandum.

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