17.28 - A. Inconsistent Defenses Are Not Barred
| Jurisdiction | New York |
A. Inconsistent Defenses Are Not Barred
A defendant to assault with a gun may prove and alternately argue that she was not present during the assault, but if she was, the assault was actually self-defense. A jury may believe portions of both defense and prosecution’s evidence. Inconsistent defenses are not barred.2814
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Notes:
[2814] . People v. Steele, 26 N.Y. 526, 311 N.Y.S.2d 889 (1970).
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- 17.0 - I. Introduction
- 17.1 - II. Distinction Between Affirmative And Ordinary Defenses And Order Of Proof
- 17.2 - III. Affirmative Defenses
- 17.3 - A. Duress
- 17.4 - B. Renunciation
- 17.5 - C. Entrapment
- 17.6 - D. Mental Disease Or Defect
- 17.7 - 1. Competency
- 17.8 - 2. Responsibility
- 17.9 - A. Plea Of Not Responsible By Reason Of Mental Disease
- 17.10 - B. Result Of Verdict Or Plea Of Not Responsible
- 17.11 - C. Trying An Insanity Defense Case
- 17.12 - E. Extreme Emotional Disturbance
- 17.13 - IV. “Ordinary” Defenses
- 17.14 - A. Infancy And “Juvenile Offender” Procedures
- 17.15 - B. Justification
- 17.16 - 1. Peace Officers And Justification
- 17.17 - 2. Private Citizen Arrests And Physical Force
- 17.18 - 3. Deadly Force Against Escapees
- 17.19 - 4. “No Sock” Provisions
- 17.20 - 5. Physical Force By Parents And Guardians
- 17.21 - C. Alibi
- 17.22 - V. Judicially Created Defense Of Agency
- 17.23 - VI. Criminal Facilitation—Agency Defense Inapplicable
- 17.24 - VII. Negating Intent (Mental Culpability)
- 17.25 - A. IntoXIcation
- 17.26 - B. Mistake Of Fact Or Law
- 17.27 - VIII. Alternate Defenses—Proof And Argument
- 17.28 - A. Inconsistent Defenses Are Not Barred
- 17.29 - B. Third-Party Culpability Evidence
- 17.30 - C. Actual Innocence
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