People v Ivery

Holding The court affirmed the conviction for second-degree murder, finding that the jury could reasonably conclude the defendant did not act in self-defense because the victim was not using deadly physical force and the defendant had the opportunity to retreat. The court also affirmed the denial of challenges for cause to two prospective jurors, noting their statements did not indicate a state of mind likely to preclude an impartial verdict.

The court’s words

The statements made by each prospective juror did not indicate that they had "a state of mind that [was] likely to preclude [them] from rendering an impartial verdict based upon the evidence adduced at the trial"

2026 NY Slip Op 05628, at the official text

The jury could reasonably have found, based on the surveillance video and testimony, that the man with whom defendant was disputing was not using or attempting to use deadly physical force when defendant shot the victim

2026 NY Slip Op 05628, at the official text

Moreover, the jury could reasonably have found, based on that same testimony and video, that defendant had the opportunity to retreat and failed to do so

2026 NY Slip Op 05628, at the official text