PEOPLE v. PONS


68 N.Y.2d 264 (1986)

The People of the State of New York, Respondent, v. Jorge Pons, Appellant.

Court of Appeals of the State of New York.

Decided October 23, 1986.


Attorney(s) appearing for the Case

David P. Friedman and Philip L. Weinstein for appellant.

Mario Merola, District Attorney (Marianne Karas of counsel), for respondent.

Chief Judge WACHTLER and Judges MEYER, SIMONS, ALEXANDER and TITONE concur; Judge KAYE taking no part.


HANCOCK, JR., J.

Justification based on self-defense (Penal Law § 35.15) pertains only to the use of physical force (see, People v McManus, 67 N.Y.2d 541). It does not apply to a crime based on the possession of a weapon, even though an element of the crime is that defendant possessed the weapon with the intent to use it unlawfully against another. Here,...

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