PEOPLE v. RODRIGUEZ

No. 44

16 N.Y.3d 341 (2011)

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. FREDDY RODRIGUEZ, Respondent.

Court of Appeals of New York.

Decided March 24, 2011.


Attorney(s) appearing for the Case

Robert T. Johnson , District Attorney, Bronx ( Stanley R. Kaplan and Joseph N. Ferdenzi of counsel), for appellant.

Yalkut & Israel, Bronx ( Arlen S. Yalkut of counsel), for respondent.

Judges GRAFFEO, READ, SMITH and JONES concur with Judge PIGOTT; Chief Judge LIPPMAN dissents in part and votes to modify in a separate opinion; Judge CIPARICK dissents and votes to affirm in another opinion.


OPINION OF THE COURT

PIGOTT, J.

The issue in this case is whether defendant was entitled to a charge of justification with respect to his conduct during a bizarre series of events that ended with the tragic death of one person and serious injury to two others. That defense, found in Penal Law § 35.05 (2), often referred to as the "choice-of-evils" defense, provides that conduct that would otherwise constitute an offense is justified when it:

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