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PEOPLE v. RISON

130 A.D.2d 596 (1987)

The People of the State of New York, Respondent, v. Ovid Rison, Appellant

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

May 11, 1987

Ordered that the judgment is affirmed.

The defendant contends that the court erred in refusing to instruct the jury that he was justified in his assault upon the police officers because their use of force was excessive. A justification charge must be given when, viewing the evidence in the light most favorable to the defendant, an inference may be drawn that the officers' use of force to effectuate the arrest was excessive (see, People v Padgett,

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