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People v. Ligouri

Court of Appeals of New York

31 N.E.2d 37 (1940)

Relevant factsFree

Ligouri testified that he shot and killed a man who had a gun pointed at him on a public street, and requested a jury instruction that a person feloniously attacked need not retreat and may stand his ground using deadly force if necessary, but the trial court instead instructed only on a general duty to retreat before using deadly force, and the jury convicted both defendants of second-degree murder.

IssueFree

Whether, in New York, an individual may stand his ground and use deadly force to repel an attacker who is attempting to feloniously assault the defendant.

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