People v. Hernandez

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• ‘Whether a person is entitled to the benefit of the ‘no duty to retreat’ rule should not turn on how well protected the area in question is at the time of the attack.”
• “[Section 35.15] reflects the principle, first established under the common law and long recognized by statute, that deadly physical force may be justified— with no criminal liability—if the deadly force was used in self-defense or in defense of others.”

Source: CourtListener parenthetical corpus (CC0).

Cited by

24 cases in this archive cite this case; the 20 most cited are listed.

• People v. Every
  Appellate Division of the Supreme Court of New York· 2017-01-19· cited 41×
• State of Minnesota v. Daniel Joseph Devens
  Supreme Court of Minnesota· 2014-08-20· cited 21×
• People v. Aiken
  New York Court of Appeals· 2005-03-31· cited 19×
• People v. Wimberly
  Appellate Division of the Supreme Court of New York· 2005-06-13· cited 15×
• United States v. Perez
  Second Circuit· 2021-07-29· cited 10×
• People v. Colville
  Appellate Division of the Supreme Court of New York· 2010-10-05· cited 9×
• People v. Smith
  Appellate Division of the Supreme Court of New York· 2008-08-19· cited 7×
• Alexy v. Stein
  Appellate Division of the Supreme Court of New York· 2005-03-31· cited 4×
• People v. Scott
  New York Supreme Court· 2003-05-08· cited 4×
• People v. Bradford
  Appellate Division of the Supreme Court of New York· 2021-02-09· cited 2×
• People v. Floyd
  Appellate Division of the Supreme Court of New York· 2011-06-21· cited 2×
• People v. Johnson
  Appellate Division of the Supreme Court of New York· 2003-02-18· cited 2×
• People v. Melendez
  City of New York Municipal Court· 2006-02-21· cited 1×
• People v. Rosario
  New York Supreme Court· 2013-07-15· cited 1×
• People v. Saxton
  Criminal Court of the City of New York· 2008-04-24· cited 1×
• People v. Harris
  Appellate Division of the Supreme Court of New York· 2022-06-02· cited 1×
• People v. Delisme
  Appellate Division of the Supreme Court of New York· 2022-09-06· cited 1×
• People v. Graham
  Appellate Division of the Supreme Court of New York· 2023-04-06· cited 1×
• People v. Williams
  Appellate Division of the Supreme Court of New York· 2010-11-12
• People v. Hart
  Appellate Division of the Supreme Court of New York· 2002-10-01

Cites

5 cases in this archive are cited by this case.

• People v. Goetz
  New York Court of Appeals· 1986-07-08· cited 376×
• People v. Berk
  New York Court of Appeals· 1996-04-25· cited 80×
• People v. Russell
  New York Court of Appeals· 1998-02-11· cited 79×
• People v. McNamara
  New York Court of Appeals· 1991-12-19· cited 55×
• People v. Powell
  New York Court of Appeals· 1981-12-23· cited 40×