PEOPLE v. THOMPSON


34 A.D.3d 325 (2006)

825 N.Y.S.2d 26

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JASON THOMPSON, Appellant.

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

Decided November 16, 2006.


The court properly denied defendant's request to charge the defense of duress. Defendant's testimony, when taken together with all the other evidence and viewed in the light most favorable to defendant, did not create a reasonable view of the evidence supporting such a charge. The affirmative defense of duress, upon which a defendant bears the burden of proof, includes the requirement of coercion by the use or threatened imminent use of force (Penal Law § 40.00 [1])...

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