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,
Welcome to the leading source of independent legal reporting
Let's get started
Sign on now to see your case.
Or view more than 10 million decisions and orders.