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People v. Dingley

366 N.E.2d 877, 42 N.Y.2d 888, 397 N.Y.S.2d 789, 1977 N.Y. LEXIS 2226
CourtNew York Court of Appeals
DecidedJune 14, 1977
StatusPublished
Cited by6 cases

This text of 366 N.E.2d 877 (People v. Dingley) 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. Dingley, 366 N.E.2d 877, 42 N.Y.2d 888, 397 N.Y.S.2d 789, 1977 N.Y. LEXIS 2226 (N.Y. 1977).

Opinion

Memorandum. Of the several issues raised by defendant, one requires a reversal of the conviction and a new trial.

Although the determination at trial, which precluded the introduction of evidence of the victim’s prior specific acts of violence of which the defendant had knowledge, was correct when made, People v Miller (39 NY2d 543) has since changed the rule and requires a reversal here.

As was recognized by the Appellate Division, however, no error was made in the court’s charge on justification. The common-law exception, which made the duty to retreat inapplicable when assault was charged, did not survive the statutory amendment embodied in section 35.15 of the Penal Law.

Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke concur.

Order reversed and a new trial ordered in a memorandum.

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Related

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539 B.R. 692 (S.D. New York, 2015)
People v. Macklowe
131 A.D.2d 785 (Appellate Division of the Supreme Court of New York, 1987)
People v. Davis
118 A.D.2d 206 (Appellate Division of the Supreme Court of New York, 1986)
People v. Magliato
496 N.E.2d 856 (New York Court of Appeals, 1986)
People v. Pabon
106 A.D.2d 587 (Appellate Division of the Supreme Court of New York, 1984)
Washington v. Harris
486 F. Supp. 1037 (S.D. New York, 1980)

Cite This Page — Counsel Stack

Bluebook (online)
366 N.E.2d 877, 42 N.Y.2d 888, 397 N.Y.S.2d 789, 1977 N.Y. LEXIS 2226, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-dingley-ny-1977.