PEOPLE v. ZONA

No. 73

14 N.Y.3d 488 (2010)

928 N.E.2d 1041

902 N.Y.S.2d 844

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. JOSHUA M. ZONA, Respondent.

Court of Appeals of New York.

Decided May 6, 2010.


Attorney(s) appearing for the Case

R. Michael Tantillo , District Attorney, Canandaigua, for appellant.

J. Scott Porter , Seneca Falls, for respondent.

Chief Judge LIPPMAN and Judges READ, SMITH and JONES concur with Judge CIPARICK; Judge PIGOTT dissents and votes to reverse in a separate opinion in which Judge GRAFFEO concurs.


OPINION OF THE COURT

CIPARICK, J.

The issue raised by this appeal is whether the evidence presented at trial, viewed in the light most favorable to defendant, supported a good faith claim of right jury instruction. We conclude that defendant was entitled to assert this defense and that County Court erred when it denied defendant's request to charge.

This case centers around the removal of various...

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