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The notion here is that while the defense of justification 'does not operate to excuse a criminal act, nor does it negate a particular element of a crime, it recognizes that the use of force to be privileged under certain circumstances, rendering a defendant's conduct entirely lawful', People v. McManus, 67 NY2d 541, (1986) (defendant tried for both intentional and depraved murder, court erred in not instructing that justification was also a defense to depraved murder; jury acquitted on intentional, but convicted on depraved murder; justification, PL 35.15, not limited to intentional conduct).
When justification is submitted to a jury, jurors must first be instructed …