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PEOPLE v. RAINEY

34 A.D.2d 557 (1970)

The People of the State of New York, Respondent, v. Riley Rainey, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

March 13, 1970

Judgment reversed, on the law, and new trial ordered. The findings of fact below are affirmed.

In our opinion, the learned trial court improperly charged the jury that defendant had an affirmative duty to retreat even if he was confronted by a felonious assailant, or assailants, who allegedly brandished knives. When a person is feloniously attacked by others, he is under no duty to retreat (People v. Ligouri, 284 N.Y. 309, 317-318; People v. Clay,

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