People v. Melendez, 40 N.Y.2d 751 (1976)

A defendant is entitled to a jury instruction on self-defense when the evidence, viewed in the light most favorable to the defendant, would permit a reasonable jury to conclude that the defendant’s actions were justified.

Summary

Melendez was convicted of assault. At trial, he argued he acted in self-defense and in defense of his brother. The trial court instructed the jury only on justification in defense of another. The Court of Appeals reversed, holding that the trial court erred by failing to instruct the jury on self-defense as well, because the defendant’s testimony and an eyewitness account presented a question of fact for the jury regarding self-defense. The court also found error in excluding further Grand Jury testimony of a defense witness on redirect examination, which sought to clarify the witness’s prior testimony used for impeachment.

Facts

The defendant, Melendez, was drawn to an altercation when he heard his brother calling out. Upon arriving at the scene, he saw his brother on the ground with the victim, James Kelly, standing over him and kicking him. Melendez climbed over a fence and approached Kelly, who allegedly turned abruptly and swung at him with a hammer and then a screwdriver. Melendez then grabbed an instrument and struck Kelly in the head.

Procedural History

The defendant was convicted at trial. He appealed, arguing that the trial court erred in its jury instructions and in evidentiary rulings. The Appellate Division affirmed the conviction. The New York Court of Appeals reversed the Appellate Division’s order and ordered a new trial.

Issue(s)

1. Whether the trial court erred in failing to instruct the jury on self-defense, in addition to defense of another, when the defendant presented evidence supporting both theories of justification.
2. Whether the trial court erred in excluding further Grand Jury testimony of a defense witness on redirect examination after the prosecution used part of that testimony to impeach the witness.

Holding

1. Yes, because the defendant’s testimony and an eyewitness account presented a question of fact for the jury regarding self-defense.
2. Yes, because the defense sought to explain the Grand Jury testimony used on cross-examination, and the rule against bolstering direct testimony was inapplicable.

Court’s Reasoning

Regarding the jury instruction, the Court of Appeals emphasized that a defendant is entitled to the most favorable view of the evidence when determining the requirements of the court’s charge. The court stated, “the defendant is entitled to the most favorable view of the evidence and on the basis of the above testimony a jury could have credited the defendant’s story and found that he acted in self-defense.” Although the court’s charge tracked the statutory language on justification, it only addressed justification in defense of another, neglecting the self-defense claim, which the court deemed reversible error. The court cited People v. Shanis, stating that the trial proof adequately raised the alternative ground of self-defense as a question of fact for the jury.

Regarding the evidentiary ruling, the court found that the rule against bolstering direct testimony was inapplicable. The court reasoned that the defense sought to explain the Grand Jury testimony used on cross-examination by showing that additional parts of that testimony included statements about the kicking incident. The court cited People v. Regina, stating that “Where only a part of a statement is drawn out on cross-examination, the other parts may be introduced on redirect examination for the purpose of explaining or clarifying that statement.” Because justification was the primary issue, the court could not say that refusing to admit the further Grand Jury testimony was harmless error.