New York Law Review

Tag: Defense of Others

  • People v. Wesley, 24 N.Y.3d 170 (2014): Initial Aggressor Rule in Defense of Others – Intervenor’s Perspective

    24 N.Y.3d 170 (2014)

    When a defendant intervenes in an ongoing struggle to protect a third party, the initial aggressor rule should be applied to the initial conflict, not to the defendant’s actions, to avoid confusion about the justification defense.

    Summary

    In People v. Wesley, the New York Court of Appeals addressed the application of the “initial aggressor” rule within the justification defense when a defendant intervenes to defend a third party. The court found that the standard jury instruction on the initial aggressor exception was misleading because it failed to clarify that the initial aggressor determination should pertain to the initial conflict, not to the defendant’s actions in intervening. The defendant arrived on the scene of an ongoing fight to assist his brother and girlfriend. He argued that the court should have clarified that he was not the initial aggressor because he was not involved in the initial conflict between the victim and his brother and girlfriend. The court agreed, holding that the jury instruction was confusing and, without the supplemental instruction, the initial aggressor rule was not applicable.

    Facts

    The defendant was charged with second-degree murder after he stabbed and killed the victim, who was fighting with the defendant’s brother and girlfriend. The defendant arrived on the scene after the fight began and intervened, claiming he acted in self-defense. The defendant testified that he intervened to stop the victim from harming his brother, who was being beaten with a hammer. The trial court gave a jury instruction on the initial aggressor rule as part of the justification defense, but the court denied defendant’s request to omit the initial aggressor rule from the instructions. The prosecutor argued that the defendant was acting in concert with his brother and girlfriend and therefore was an initial aggressor.

    Procedural History

    The trial court convicted the defendant of first-degree manslaughter. The Appellate Division affirmed. The New York Court of Appeals granted leave to appeal.

    Issue(s)

    Whether the trial court erred in instructing the jury on the initial aggressor rule without providing a supplemental instruction explaining its application to the defendant’s intervention in an existing fight to protect a third party.

    Holding

    Yes, because the standard initial aggressor instruction was confusing and misleading when applied to the defendant’s actions in defending another, the Court of Appeals reversed the Appellate Division and dismissed the indictment, with leave for the People to resubmit the charges.

    Court’s Reasoning

    The Court of Appeals held that the trial court’s jury instruction was confusing. The court observed that the initial aggressor rule is not available if the defendant initiated the conflict. However, when an intervenor steps into an ongoing fight to protect a third party, the initial aggressor determination should refer to the original conflict, not the intervenor’s actions. The court cited People v. Melendez, where the court held that the initial aggressor instruction can be confusing and misleading, especially if the intervenor comes into contact with a third party already struggling with another person. The court emphasized that the jury should have been instructed that the initial aggressor rule means that if the defendant somehow initiated or participated in the initiation of the original struggle, or reasonably should have known that the person being defended initiated the original conflict, then justification is not a defense. The court found that failure to provide such clarification created a great likelihood of jury confusion. “If [defendant] had nothing to do with [the] original conflict and had no reason to know who initiated the first conflict, then the defense is available.”

    Practical Implications

    This case clarifies how the initial aggressor rule should be applied when a defendant intervenes to defend a third party. Attorneys should ensure that jury instructions clearly distinguish between the initial conflict and the defendant’s intervention. Defense attorneys should request supplemental instructions explaining that the initial aggressor determination refers to the original conflict. Prosecutors must be prepared to demonstrate the defendant’s involvement or knowledge of the initial conflict. This case highlights the importance of tailoring jury instructions to the specific facts of a case to avoid jury confusion. It reinforces the principle that a person defending another may have a valid justification defense even if the person being defended was the initial aggressor in the prior conflict, provided that the defendant was not involved in the initiation of the original fight and did not have any knowledge of who initiated the fight.

  • People v. Kennedy, 47 N.Y.2d 196 (1979): Justification Extends to Defense of Others and Autopsy Reports Are Admissible for the Defense

    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.