In People of the State of New York v. Gonzalez , Gonzalez was engaged in a confrontation with an unarmed man, who was only using his fists. Yet, in response, Gonzalez felt a need to use a knife to stab his lone attacker to death.
After a jury found him guilty of manslaughter in the first degree, Gonzalez was sentenced to a term of 12 1/2 years.
On appeal to the Appellate Division, First Department, Gonzalez argued that the outcome was contrary to the "weight of the evidence" since his actions had been justified by his attacker's purported threat of "deadly physical force."
Among other things, Gonzalez protested the criminal court's failure to instruct the jury on the "defense of others" -- that is, a defendant has "a duty to retreat only if he could do so with complete safety to, not only himself, but 'others'".
Gonzalez's argument suffered from a considerable problem. There were no "others" present for him to protect. (In fact, Gonzalez was of the belief that his companion -- the purported "other" -- had been killed earlier that evening.)
Absent a "contemporaneous" threat, the defense was inapplicable. And, in the absence of error, the court could "perceive no basis for reducing the sentence."
Only 12 1/2 years for killing an unarmed man?
Did someone get away with murder?
For a copy of the Appellate Division's decision, please use this link: People of the State of New York v. Gonzalez