People v. Kennedy, 47 N.Y.2d 196 (1979)

The justifiable use of force extends not only to self-defense but also to the defense of a third person, and an autopsy report is admissible as evidence for the defense to challenge the cause of death.

Summary

Kennedy was convicted of assault, but the New York Court of Appeals reversed the conviction, holding that the trial court erred by failing to instruct the jury that the defendant’s actions could be justified if he acted in defense of his wife, and by refusing to admit an autopsy report offered by the defense to challenge the prosecution’s asserted cause of death. The court also noted improper conduct by the prosecutor during summation. The cumulative effect of these errors deprived the defendant of a fair trial, warranting a new trial.

Facts

Kennedy admitted to striking the decedent. At trial, Kennedy presented evidence that the decedent verbally abused him and his wife, and then physically assaulted both of them. Kennedy testified that he struck the decedent to prevent further harm to himself and his wife. The prosecution’s expert testified that the death resulted from the blows inflicted by Kennedy, relying on an autopsy report prepared by another doctor. Kennedy argued that medical malpractice caused the death, citing findings in the autopsy report. The prosecution did not offer the report into evidence, and the trial court denied Kennedy’s attempt to admit the autopsy report.

Procedural History

Kennedy was convicted in the trial court. He appealed the conviction. The appellate court reversed the conviction and ordered a new trial, finding errors in the jury instructions and the exclusion of the autopsy report. The People then appealed to the New York Court of Appeals.

Issue(s)

1. Whether the trial court erred in refusing to instruct the jury that the defendant’s actions could be justified if he acted in defense of his wife.

2. Whether the trial court erred in refusing to admit the autopsy report offered by the defense to challenge the cause of death.

Holding

1. Yes, because the justifiable use of force extends to the defense of a third person, and the trial proof adequately raised this as a question of fact for the jury to decide.

2. Yes, because the autopsy report would have been admissible as a public record if offered by the prosecution, and the defendant should have an equal right to present it as competent proof relevant to an issue in the case.

Court’s Reasoning

The Court of Appeals reasoned that the trial court erred in limiting the jury’s consideration of justification to self-defense alone, as New York Penal Law § 35.15 explicitly extends the defense to the protection of others. The court noted that the defense presented evidence that Kennedy acted to protect his wife from the decedent’s assault, and the jury should have been instructed on this alternative ground for justification. The court stated, “[R]esort to justifiable use of force is not limited to self-defense but extends to the defense of ‘a third person’ as well (Penal Law, § 35.15, subd. 1) and the trial proof adequately raised this alternative ground as a question of fact for the jury to decide.”

Regarding the autopsy report, the court held that it was admissible as a public record, citing People v. Nisonoff, 293 N.Y. 597. Even though the prosecution did not offer the report, the defendant should have been allowed to introduce it to challenge the prosecution’s theory on the cause of death. “Had the People made the offer there is no doubt that the report would have been admissible as a public record. The defendant should enjoy an equal right. In short the report was competent proof and relevant to an issue in the case.”

The court also noted the prosecutor’s improper conduct, including name-calling and suggesting the use of a weapon when the indictment only accused Kennedy of inflicting injuries with his fists. While each error alone might not warrant reversal, the court found that their cumulative effect deprived Kennedy of a fair trial. The court cited People v. Lombardi, 20 Y 2d 266 and People v. Esposito, 224 N. Y. 370 as examples of cases where prosecutorial misconduct warranted reversal.