United States Second Circuit

Under N.Y. Penal Law 35.15, the duty to retreat under the defense of justification attaches only after the defendant has a reasonable belief that the other person is using or about to use deadly physical force, not when it would be prudent to leave.

Appellate Information

• Argued 04/20/2001
• Decided 10/30/2001
• Published 10/30/2001

Judges

• LEVAL, Circuit Judge:, Before LEVAL, SACK, and SOTOMAYOR, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Frances Gallagher,The Legal Aid Society, New York, NY, for Appellant.


• For Appellees:
  
• Rona Feinberg, Assistant District Attorney (Morrie I. Kleinbart, Assistant District Attorney, of counsel), for Robert M. Morgenthau, District Attorney, New York County, New York, NY, for Appellee.