X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Argued: April 20, 2001

Petitioner appeals from the denial by the United States District Court for the Southern District of New York (Berman, J.) of his petition to set aside his New York state convictions for manslaughter and illegal gun possession in the second degree. Petitioner claims that the trial judge’s refusal to charge the jury on the defense of justification for the use of deadly force resulted in a denial of due process. The Court of Appeals, Leval, Circuit Judge, holds that under New York law petitioner was entitled to have the jury instructed on justification with respect to the homicide charge. The withholding of the instruction denied him the opportunity to present his defense. This error so prejudiced the petitioner’s trial as to constitute a denial of due process under the test of Cupp v. Naughten, 414 U.S. 141, 146-47 (1973). With respect to the charge of illegal gun possession, petitioner failed to show entitlement.

Affirmed in part; reversed in part.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Team Accounts

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now

New York Legal Awards 2022 (NYLA)

October 06, 2022
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More

Women, Influence & Power in Law Awards (WIPLA) 2022

October 18, 2022
Washington, DC

Women, Influence & Power in Law Awards honors women lawyers who have made a remarkable difference in the legal profession.


Learn More

National Law Journal Legal Awards (NLJLA) 2022

October 20, 2022
Washington, DC

The National Law Journal honors attorneys & judges who've made a remarkable difference in the legal profession in the D.C. area.


Learn More

Corporate Counsel


An international entertainment company headquartered in the Sarasota area is seeking a corporate counsel to draft, review and negotiate a ...


Apply Now ›

Plaintiffs' Personal Injury Attorney


A growing and highly successful plaintiffs' personal injury law firm with several offices in Tampa Bay is seeking a senior attorney with tri...


Apply Now ›

Insurance Defense Associate


A highly regarded Tampa law firm is seeing an insurance defense attorney with 2+ years of general insurance-related litigation experience. ...


Apply Now ›

CHIESA SHAHINIAN & GIANTOMASI

09/26/2022
NYLJ Web

Chiesa Shahinian & Giantomasi : Commitment to the highest standards of service.


View Announcement ›

SCHULTEN WARD TURNER & WEISS, LLP

09/21/2022
DR Web

Schulten Ward Turner & Weiss, LLP is pleased to announce that John Gracia has joined the firm as a partner.


View Announcement ›

WISNIEWSKI & ASSOCIATES

09/12/2022
NJLJ Web

WISNIEWSKI & ASSOCIATES LLC Takes pleasure in announcing that Civil Litigator DOUGLAS R. D ANTONIO has become a Partner of the Firm.


View Announcement ›