People v. Jimenez

Summary

The Appellate Division, Second Department reversed an order dismissing an indictment against Luis Jimenez for charges arising from his injuring a dog. The majority held that the evidence before the grand jury did not provide a reasonable view supporting a justification instruction under Penal Law § 35.05(2), and that the justification provisions concerning force against persons did not apply to force against an animal. A dissent would have affirmed, concluding that the defendant's testimony that the dog was biting his pants supported submission of justification to the grand jury.

Holdings

1. The prosecutor was not required to instruct the grand jury on justification because, even viewing the evidence in the light most favorable to Jimenez, there was no reasonable view of the evidence supporting the defense.
2. Penal Law §§ 35.10(6) and 35.15 did not require a justification instruction because those provisions limit the defense to situations involving the use of force against another person and do not apply when force is used against an animal.

Questions Presented

1. Whether the prosecutor was required to instruct the grand jury on the justification defense under Penal Law § 35.05(2).
2. Whether the evidence presented a reasonable view that Jimenez's conduct was necessary as an emergency measure to avoid an imminent injury from the dog.
3. Whether Penal Law §§ 35.10(6) or 35.15 required a justification instruction when the force was used against an animal rather than another person.

Disposition

reversed_and_remanded