New York Court of Appeals March 24, 2011 (People v. Rodriguez)

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United States · · · 24-03-2011

Ciparick, J. (dissenting).

Because I believe that Supreme Court erred in refusing to give a choice-of-evils justification instruction to the jury (Penal Law § 35.05 [2]), as requested by defendant, I respectfully dissent and would affirm the order of the Appellate Division.

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