People v. Huntley

452 N.E.2d 1257, 59 N.Y.2d 868, 465 N.Y.S.2d 929, 1983 N.Y. LEXIS 3205
CourtNew York Court of Appeals
DecidedJune 14, 1983
StatusPublished
Cited by59 cases

This text of 452 N.E.2d 1257 (People v. Huntley) 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. Huntley, 452 N.E.2d 1257, 59 N.Y.2d 868, 465 N.Y.S.2d 929, 1983 N.Y. LEXIS 3205 (N.Y. 1983).

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division granting a new trial should be affirmed.

We agree with the Appellate Division that it was error for the trial court to refuse to charge, as requested, a justification defense on the lesser included charge of manslaughter in the second degree. (Penal Law, §§ 125.15, 125.25.)

Since a new trial before a new jury is required by this holding, we do not now address or decide whether the defendant’s due process rights were violated by any statements made by an individual juror during the course of the jury’s deliberations.

[870]*870Chief Judge Cooke and Judges Jasen, Jones, Wachtler and Meyer concur; Judge Simons taking no part.

Order affirmed in a memorandum.

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Bluebook (online)
452 N.E.2d 1257, 59 N.Y.2d 868, 465 N.Y.S.2d 929, 1983 N.Y. LEXIS 3205, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-huntley-ny-1983.