People v. DeGina

In People v. DeGina, 72 NY2d 768, the court held that the defendant "unquestionably has the right to chart his own defense," and that an instruction to the jury as to an affirmative defense not requested by the defendant would place the defendant "in the midst of contradictory defenses." (Id. at 776-777.) In addition, while a defendant may advance contradictory defenses, "it is plainly a hazardous tactic, for it not only risks confusing the jury as to the nature of the defense but also may well taint a defendant's credibility in the eyes of the jury . . . Certainly it is not a strategy that should be thrust on a defendant who has not chosen it." (DeGina, at 777)