Fourth Department – Justification defense: People v. Washington

Listen to this article

New York State Supreme Court, Appellate Division, Fourth Judicial Department

Justification defense — Prior criminal record — Victim’s violent history

People v. Washington

KA 19-02184

Appealed from Onondaga County Court

Background: The defendant appealed from his conviction of manslaughter. The defendant admitted that he stabbed the victim but argued that he acted in self-defense. On appeal he argues that the court erred in denying his pretrial request for a copy of the victim’s entire criminal record to use in support of a justification defense.

Ruling: The Appellate Division affirmed. The court held that the defendant did not establish that the acts were reasonably related, in time and quality, to the homicide charge. Thus, he failed to show their relevancy to his justification defense. Further, he did not establish that he was aware at the time of the homicide of any other prior violent acts reasonably related to that crime that made up the remainder of the victim’s criminal record. The defendant was permitted to testify about the victim’s short temper, about the victim showing the defendant various weapons in his possession years prior to the stabbing, and about the defendant’s awareness on the date of the incident that the victim had committed prior violent acts against others.

Morgan Namian, of Rosenberg Law Firm, for the defendant-appellant; David D. Bassett, of the district attorney’s office, for the respondent.

Oral argument video