PEOPLE v. AIKEN


6 A.D.3d 236 (2004)

774 N.Y.S.2d 328

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RICHARD AIKEN, Appellant.

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

April 13, 2004.


Defendant testified that he opened the door to his apartment and was standing at the threshold, when he fatally struck the victim in response to what he perceived as the victim's aggression. This testimony did not require the court, in connection with defendant's justification defense, to give the charge defendant requested, namely, that he had no duty to retreat while inside his dwelling. Even if the truth of defendant's account is assumed, he could have avoided the victim...

Let's get started

Leagle.com

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

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases