People v. Martens
This text of 272 A.D.2d 1022 (People v. Martens) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Judgment of the County Court, Richmond County, convicting defendant of the crime of assault in the second degree and sentencing him to an indeterminate term in the Elmira Reformatory, reversed on the law and the facts and a new trial ordered. We are of opinion that the charge of the court that the defendant was not entitled to act in self-defense unless he had reasonable ground for believing that he was in danger of inevitable or irreparable injury and that it was incumbent upon him to retreat as far as possible before he was justified in acting in self-defense was erroneous. (People v. Katz, 263 App. Div. 883; People v. Pi Cupillo, 271 App. Div. 1032.) The court further erred in refusing to submit for the jury’s consideration the crime of assault in the third degree. (Code Crim, Pro., § 444.) Lewis, P. J., Hagarty, Johnston, Adel and Nolan, JJ., concur.
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272 A.D.2d 1022, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-martens-nyappdiv-1947.