Stacy S. Killon, Respondent v. Robert A. Parrotta, Appellant

Summary

The New York Court of Appeals reversed the Appellate Division’s 2012 order and remanded for a new trial, holding that the lower court failed to apply the proper “utterly irrational” test when it set aside the jury’s verdict and concluded the defendant was the initial aggressor. The Court found the jury’s determination that the defendant acted in self‑defense was not utterly irrational and therefore the justification defense should be available on retrial.