[Download] "People State New York v. Jorge Pons" by Court of Appeals of New York * eBook PDF Kindle ePub Free
eBook details
- Title: People State New York v. Jorge Pons
- Author : Court of Appeals of New York
- Release Date : January 23, 1986
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
[68 N.Y.2d 264 Page 265] Opinion OF THE COURT Justification based on self-defense (Penal Law § 35.15) pertains only to the use of physical force (see, People v McManus, 67 N.Y.2d 541). It does not apply to a crime based on the possession of a weapon, even though an element of the crime is that defendant possessed the weapon with the intent to use it unlawfully against another. Here, defendant's conviction for criminal possession of a weapon in the second degree (Penal Law § 265.03) should be affirmed since the court properly refused to charge justification (Penal Law § 35.15) as a defense to that crime.
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