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FLAWED JURY INSTRUCTIONS ON THE JUSTIFICATION DEFENSE REQUIRED REVERSAL IN THE INTEREST OF JUSTICE.

The First Department reversed defendant’s conviction in the interest of justice because of flaws in the jury instructions. The court did not make clear that acquittal on the top count based upon the justification defense required acquittal on the other counts. Also the court’s charge on the use of excessive force was incomplete:

… [T]he court’s charge on the use of excessive force contained a significant omission. Even if a defendant is initially justified in using deadly physical force in self-defense, he or she may not continue to use deadly physical force after the assailant no longer poses a threat … . However, in such a situation the People must prove that it was the unnecessary additional force that caused the alleged harm … , which in this case was serious physical injury. The court’s charge on excessive force omitted the latter principle and thus impermissibly permitted the jury to convict defendant based upon a finding that although he was justified when he initially stabbed the complainant in the abdomen, defendant was not justified in inflicting subsequent wounds on the fleeing complainant, even if these additional wounds did not constitute serious physical injury. Although the parties dispute whether the additional wounds were serious, the jury could reasonably have concluded that they were not. It cannot be determined whether the jury found that defendant’s conduct was not justified because he was the initial aggressor or because, although not the initial aggressor, he subsequently used unnecessary physical force.  People v Delin, 2016 NY Slip Op 08465, 1st Dept 12-15-16

CRIMINAL LAW (FLAWED JURY INSTRUCTIONS REQUIRED REVERSAL IN THE INTEREST OF JUSTICE)/EVIDENCE (JUSTIFICATION DEFENSE, JURY INSTRUCTION INCOMPLETE)/JUSTIFICATION DEFENSE (JURY INSTRUCTION INCOMPLETE)/EXCESSIVE FORCE (JUSTIFICATION DEFENSE, JURY INSTRUCTION INCOMPLETE)

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TESTIMONY AT THE FACT FINDING HEARING ABOUT THE IDENTIFICATION PROCEDURE SHOULD... BRAND AMBASSADOR NOT AN EMPLOYEE.