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People v. Cardone

Court of Appeals of the State of New York
Oct 7, 1986
68 N.Y.2d 829 (N.Y. 1986)

Opinion

Argued September 3, 1986

Decided October 7, 1986

Appeal from the Orleans County Court, Mark H. Dadd, J.

Charles R. Katz and Richard L. Baumgarten for appellant.

Robert C. Noonan, Special Prosecutor, for respondent.


MEMORANDUM.

The order of County Court should be affirmed.

We agree that the Trial Judge did not err in refusing to charge the defense of justification pursuant to Penal Law § 35.05 (1). That statute provides in part that conduct which would otherwise constitute an offense is justifiable and not criminal when "[s]uch conduct is required or authorized by law or by a judicial decree". Defendant's belief that his conduct was authorized does not warrant submission of a justification charge to the jury (compare, Model Penal Code § 3.03 [3] [a]).

We have considered defendant's remaining contentions and find them to be without merit.

Chief Judge WACHTLER and Judges MEYER, SIMONS, KAYE, ALEXANDER, TITONE and HANCOCK, JR., concur.

Order affirmed in a memorandum.


Summaries of

People v. Cardone

Court of Appeals of the State of New York
Oct 7, 1986
68 N.Y.2d 829 (N.Y. 1986)
Case details for

People v. Cardone

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. VINCENT D. CARDONE…

Court:Court of Appeals of the State of New York

Date published: Oct 7, 1986

Citations

68 N.Y.2d 829 (N.Y. 1986)
508 N.Y.S.2d 169
500 N.E.2d 867

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