PEOPLE v. WALKER

No. 147.

26 N.Y.3d 170 (2015)

42 N.E.3d 688

2015 NY Slip Op 07784

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CHRISTOPHER E. WALKER, Appellant.

Court of Appeals of New York.

Decided October 27, 2015.


Attorney(s) appearing for the Case

Phillips Lytle LLP, Buffalo ( Timothy W. Hoover and Patrick A. Sheldon of counsel), and Timothy P. Donaher , Public Defender ( James Eckert of counsel), for appellant.

Sandra Doorley , District Attorney, Rochester ( Geoffrey Kaeuper of counsel), for respondent.

Chief Judge LIPPMAN and Judges PIGOTT, RIVERA, ABDUS-SALAAM and FAHEY concur.


OPINION OF THE COURT

On this appeal, defendant argues that the standard criminal jury instruction on the "initial aggressor exception" to the justification defense misstates the applicable law where defendant claimed that he intervened in an ongoing fight that began in his absence in order to shield a third party from an unlawful...

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