PEOPLE v. DOCTOR


98 A.D.2d 780 (1983)

The People of the State of New York, Respondent, v. Charles Doctor, Appellant

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

December 19, 1983


Judgment affirmed.

In instructing the jury with regard to defendant's asserted defense of justification (Penal Law, § 35.15), the trial court committed several errors. With regard to the degree of force reasonably necessary to repel a homicidal attack, the trial court several times erroneously referred to the standpoint of an "ordinary reasonable man" in defendant's situation, thereby substituting an external, objective standard for the correct one, which is...

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