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Trial court errs if it instructs justification on all indicted and lessers but fails to inform the jury that if it found not guilty on greater to cease deliberations.

NY Defender Digest

| November 05, 2004 | COPYRIGHT 2002 Aspen Publishers, Inc. (Hide copyright information)Copyright

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 …

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