People v. Green

In People v. Green (121 AD3d 1294 [3d Dept 2014]) charging murder, there was testimony that the defendant had told the witness that he was seeking the victim, intending to kill him. Another witness testified that he saw the defendant walk up to the victim and stab him in the neck. As defendant Green fled from the scene, the witness heard him say that he would "do it again, if I got to" (id.). The Green court concluded that given the surrounding circumstances of the stabbing the jury was within its right to reject the defendant's justification defense. The Appellate Division did not highlight the defendant's statement after the stabbing over all the other circumstances testified to. Nevertheless, there were no other post-stabbing circumstances referred to that would have supported a view that, had the defendant decided to stab the victim again, the subsequent act would have been motivated by anything other than anger.