Opinion
12-09-2015
The PEOPLE, etc., respondent, v. Rodwell AUSTIN, appellant.
Lynn W.L. Fahey, New York, N.Y. (Dina Zloczower of counsel), for appellant. Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Thomas M. Ross, and Avshalom Yotam of counsel), for respondent.
Lynn W.L. Fahey, New York, N.Y. (Dina Zloczower of counsel), for appellant.
Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Thomas M. Ross, and Avshalom Yotam of counsel), for respondent.
MARK C. DILLON, J.P., CHERYL E. CHAMBERS, JEFFREY A. COHEN, and SYLVIA O. HINDS–RADIX, JJ.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Del Giudice, J.), rendered October 28, 2010, convicting him of manslaughter in the first degree, upon a jury verdict, and imposing sentence.
ORDERED that the judgment is reversed, on the law, and the matter is remitted to the Supreme Court, Kings County, for a new trial.
A person is justified in using deadly physical force against another if he or she reasonably believes such to be necessary to defend himself or herself or a third person from what he or she reasonably believes to be the use or imminent use of deadly physical force by such other person (see Penal Law § 35.15[2] ; People v. Heron, 130 A.D.3d 754, 755, 13 N.Y.S.3d 243 ; People v. Ojar, 38 A.D.3d 684, 684–685, 832 N.Y.S.2d 250 ). "A trial court must charge the jury with respect to the defense of justification whenever, viewing the record in the light most favorable to the defendant, there is any reasonable view of the evidence which would permit the jury to conclude that the defendant's conduct was justified" (People v. Irving, 130 A.D.3d 844, 845, 15 N.Y.S.3d 62 [internal quotation marks omitted]; see People v. Padgett, 60 N.Y.2d 142, 144–145, 468 N.Y.S.2d 854, 456 N.E.2d 795 ; People v. Watts, 57 N.Y.2d 299, 301, 456 N.Y.S.2d 677, 442 N.E.2d 1188 ). A failure to give a justification charge under such circumstances constitutes reversible error (see People v. Walker, 78 A.D.3d 63, 68, 908 N.Y.S.2d 419 ; People v. Fermin, 36 A.D.3d 934, 935, 828 N.Y.S.2d 546 ).
Here, the defendant requested a justification charge to the jury based, inter alia, upon his trial testimony that during his altercation with the decedent, there was a struggle for the Swiss Army-style knife attached to his key chain that he then used to inflict the fatal wounds. The defendant also testified that he feared for his life during the altercation. Under these circumstances, considering the record in the light most favorable to the defendant, the Supreme Court erred in failing to provide the jury with the requested justification charge (see People v. McManus, 67 N.Y.2d 541, 548–549, 505 N.Y.S.2d 43, 496 N.E.2d 202 ; People v. Fermin, 36 A.D.3d 934, 936, 828 N.Y.S.2d 546 ; People v. White, 16 A.D.3d 440, 790 N.Y.S.2d 544 ; People v. Daniels, 248 A.D.2d 723, 724, 670 N.Y.S.2d 566 ).
In light of our determination, the defendant's remaining contentions have been rendered academic.