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JURY SHOULD HAVE BEEN INSTRUCTED IT COULD CONSIDER THE ACTIONS OF COMPLAINANT’S HUSBAND IN DETERMINING WHETHER THE JUSTIFICATION DEFENSE APPLIED IN THIS ASSAULT CASE (SECOND DEPT).

The Second Department, reversing defendant’s conviction, determined the jury should have been instructed that it could consider the actions of the complainant’s husband in this assault case. The defendant raised the justification defense. The altercation leading to the assault charge involved both the complainant and her husband:

… [A] new trial is required because the trial court erroneously declined the defendant’s request that the jury be instructed that it could consider the actions of the complainant’s husband in determining whether the defendant’s use of force was justified … . Contrary to the People’s contention, the error cannot be deemed harmless, as the evidence to establish that the defendant was not justified was not overwhelming, and the jury may have reached a different conclusion had a proper and complete justification instruction been given … . Significantly, the defendant’s case rested on finding that he was justified in responding to the actions of the complainant’s husband … . People v Lijo, 2018 NY Slip Op 01081, Second Dept 2-14-18

CRIMINAL LAW (JUSTIFICATION DEFENSE, JURY SHOULD HAVE BEEN INSTRUCTED IT COULD CONSIDER THE ACTIONS OF COMPLAINANT’S HUSBAND IN DETERMINING WHETHER THE JUSTIFICATION DEFENSE APPLIED IN THIS ASSAULT CASE (SECOND DEPT))/JUSTIFICATION DEFENSE ( JURY SHOULD HAVE BEEN INSTRUCTED IT COULD CONSIDER THE ACTIONS OF COMPLAINANT’S HUSBAND IN DETERMINING WHETHER THE JUSTIFICATION DEFENSE APPLIED IN THIS ASSAULT CASE (SECOND DEPT))/JURY INSTRUCTIONS (CRIMINAL LAW, JUSTIFICATION DEFENSE, JURY SHOULD HAVE BEEN INSTRUCTED IT COULD CONSIDER THE ACTIONS OF COMPLAINANT’S HUSBAND IN DETERMINING WHETHER THE JUSTIFICATION DEFENSE APPLIED IN THIS ASSAULT CASE (SECOND DEPT))

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