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PEOPLE v. JONES

3 N.Y.3d 491 (2004)

821 N.E.2d 955

788 N.Y.S.2d 651

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARK P. JONES, Appellant.

Court of Appeals of the State of New York.

Decided December 16, 2004.

Attorney(s) appearing for the Case

Edward J. Nowak, Public Defender, Rochester (Timothy P. Donaher of counsel), for appellant.

Michael C. Green, District Attorney, Rochester (Arthur G. Weinstein of counsel), for respondent.

Chief Judge KAYE and Judges G.B. SMITH, CIPARICK, GRAFFEO, READ and R.S. SMITH concur.

OPINION OF THE COURT

ROSENBLATT, J.

In essence, our self-defense statute provides that a person attacked with deadly force may respond in kind only if unable to retreat with complete safety. Penal Law § 35.15 (2) (a) contains an exception relevant to this appeal: someone who would otherwise have to retreat need not do so if attacked at home (see Penal Law § 35.15 [2] [a] [i]). The question before us is

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