Criminal Law keyed to Dripps
People v. Ligouri
Around 3:00 p.m. on a public street in Brooklyn, Giro Ligouri and William Panaro (Defendants) shot and killed Nicholas Cosaluzzo. Defendants were indicted for first-degree murder. At trial, Ligouri testified to killing the man, but claimed that Cosaluzzo had a gun pointed at him. At the close of the evidence, Ligouri requested the trial court to instruct the jury that a person who is feloniously attacked is under no obligation to retreat, but may stand his ground and, if necessary, kill his attacker. The trial judge refused and instructed the jury that a person who is being attacked has a duty to retreat as far as possible, unless the person believes that he is in such imminent danger of irreparable injury that the only thing he could do was use deadly force, and to do no more force that is necessary to repel the attacker. Defendants were found guilty of second-degree murder. The appellate division affirmed and the Court of Appeals of New York granted review.
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