Does a failure to charge the defense of leaving the scene constitute reversible error?

"New York", United States of America

The following excerpt is from People v. Maher, 584 N.Y.S.2d 421, 79 N.Y.2d 978 (N.Y. 1992):

If on any reasonable view of the evidence, the jury might have decided that defendant's actions were justified, the failure to charge the defense constitutes reversible error (see, People v. Padgett, supra). It is not for the trial court to hypothesize other reasonable alternatives to the course of action chosen by the defendant. By giving the charge to the jury on the leaving the scene charge, the Judge concluded that one reasonable view of the evidence justified that conduct. Defendant argues, and we agree, that under these circumstances he was entitled to have the jury determine if the manner in which he fled the scene was also justified. That no weapon was observed does not act to bar the charge, but rather is one element of the circumstances that gave rise to the conduct.

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