(DOWNLOAD) "People v. Hector Acevedo" by Supreme Court of New York " Book PDF Kindle ePub Free
eBook details
- Title: People v. Hector Acevedo
- Author : Supreme Court of New York
- Release Date : January 21, 1991
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
DECISION & ORDER The defendant testified that he and the deceased had an argument, and that the deceased drew an automatic
weapon and fired two shots at him. The defendant further testified that he then fired at the deceased, and that he would
not have fired his weapon had the deceased not fired first. The People's witnesses, however, testified that the defendant
fired first. Essentially, the central question was one of credibility as to who fired first. The defendant claims that the
Trial Judge did not adequately stress the subjective elements of the defendant's actions and beliefs, and that it applied
an overly objective standard in his charge in justification. While we agree that the charge fell short of the blend of objective
and subjective criteria described in People v Goetz (68 N.Y.2d 96), and People v Wesley (76 N.Y.2d 555), under the circumstances
of this case the error was harmless. We further find that although the trial court's treatment of defense counsel was unnecessarily harsh at times, that treatment
did not deprive the defendant of a fair trial.