The court properly declined to instruct the jury regarding justifiable use of ordinary, nondeadly physical force (see Penal Law § 35.15[1]). The Court of Appeals has recently held: "Although it would be a rare case—particularly where, as here, the charge is assault in the second degree—we do not rule out the possibility that a defendant may be entitled to a jury instruction on the justified use of non-deadly (or `ordinary') physical force, even though...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.