In People v. Jones (3d Dept. 2/26/2009), the Third Department reversed a defendant's manslaughter and assault convictions on the basis that the jury's verdict was against the weight of the evidence. The defendant asserted that he acted in self-defense.
What is interesting about this case is that, as the court acknowledges, much of the "defendant's testimony at trial was the subject of vigorous dispute." Nevertheless, the court used its factual review power to overturn the conviction. It undertook its analysis by looking to the "facts which go to the core of his claim of justification:"
before defendant had taken out his knife, he was the victim of a
felonious assault perpetrated by Lamphear. For example, no evidence was
presented to counter defendant's and Walker's testimony that Lamphear
was the initial aggressor in this attack. In addition, it is
uncontroverted that before defendant ever took out the knife, Lamphear
had not only repeatedly threatened him, but physically assaulted him
and Walker with his fist, and then attacked defendant with a wooden
board striking him so hard that he fractured defendant's arm. Moreover,
there is no evidence to support the conclusion that defendant had it in
his power to retreat before being attacked by Lamphear and prior to his
being struck repeatedly with the board. There is also no question that
defendant struck Lamphear only once with the knife and that this
occurred as defendant was fending off Lamphear's attack and attempting
to safely leave the scene.
Justice Kavanagh wrote the unanimous court's opinion. (LC)
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