PEOPLE v. CARDONE


68 N.Y.2d 829 (1986)

The People of the State of New York, Respondent, v. Vincent D. Cardone, Appellant.

Court of Appeals of the State of New York.

Decided October 7, 1986.


Attorney(s) appearing for the Case

Charles R. Katz and Richard L. Baumgarten for appellant.

Robert C. Noonan, Special Prosecutor, for respondent.

Chief Judge WACHTLER and Judges MEYER, SIMONS, KAYE, ALEXANDER, TITONE and HANCOCK, JR., concur.


MEMORANDUM.

The order of County Court should be affirmed.

We agree that the Trial Judge did not err in refusing to charge the defense of justification pursuant to Penal Law § 35.05 (1). That statute provides in part that conduct which would otherwise constitute an offense is justifiable and not criminal when "[s]uch conduct is required or authorized by law or by a judicial decree". Defendant's belief that his...

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