People v. Godfrey

In People v. Godfrey (80 NY2d 860 [1992]) two individuals agreed to have a fight in the defendant's residence. They had a fight. The defendant then told the victim to leave his house. The victim refused to leave and again attacked the defendant. The defendant shot the victim. The Court held as follows: " Section 35.20 (3) of the Penal Law authorizes a person to use deadly physical force against another person if he or she reasonably believes that such force is necessary to terminate a burglary of his or her own home ... . The People contend that even if the victim could 'technically' be considered to have been committing a burglary when he was killed, defendant should nevertheless not be permitted to rely on section 35.20 (3) as authorizing his use of deadly physical force. Specifically, they maintain that an individual, who--like defendant--invites another onto his or her premises and then actively and willingly joins in that person's criminal conduct should not be permitted to kill that person merely because he or she does not promptly cease pursuing the criminal endeavor upon being ordered to leave the premises. ... "Section 35.20 (3)--as its legislative history makes clear--was intended to protect those individuals who suddenly find themselves the victim of an intrusion upon their premises by one bent on a criminal end ... . There is, however, nothing in that provision's legislative history or otherwise which suggests that it was also meant to protect one who--like defendant--invites another person into his home, fully aware that such person intends to commit a crime once inside. Such an individual is no less responsible for any ensuing invasion of his or her own security then the would-be burglar, and therefore cannot claim the protections of section 35.20 (3)." (Supra at 862-863.)