Opinion of The Court
Judge Sol Wachtler wrote for a unanimous court. The Court held that to use an entirely subjective test to determine whether a defendant appropriately used deadly physical force would be very dangerous, in that it would permit a jury to acquit every defendant who believed that his actions were reasonable, regardless of how bizarre the rationale. The Court explained that the justification statute requires an objective element, in that deadly physical force is only permissible if a reasonable person would believe that he is in imminent fear of serious physical injury or death. This would prevent the slippery slope of a different reasonable test necessary for every single defendant claiming justification.
With respect to the lower court's alternate theory for dismissal, the perjury issue, the Court held that there was no basis for the lower court to suspect perjury, and that there was no basis in statute or case law permitting a dismissal merely because new information comes to light which may lead a defendant's acquittal.
Therefore, the Court reversed the lower court on both grounds, and reinstated all counts of the indictment.
Read more about this topic: People V. Goetz
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