Justification is available on an endangering-the-welfare charge when the People’s case rests on force

Holding A justification instruction pursuant to Penal Law § 35.15 is available for a charge of endangering the welfare of a child when the prosecution’s case is premised on the defendant’s use of force. The refusal to give this instruction was not harmless error where a reasonable view of the evidence supported the defense.

Why it matters

Reverses prior Appellate Division precedent (Varela, Williams) that held justification defenses generally do not apply to endangering the welfare of a child charges.

Clarifies that justification defenses are available for non-force-based crimes if the prosecution relies on a use-of-force theory to prove guilt.

The court’s words

a justification instruction pursuant to Penal Law § 35.15 may be available for a charge of endangering the welfare of a child that is premised on the use of force

2026 NY Slip Op 06237, at the official text

there is no basis for limiting the application of the defense of justification to . . . any particular crime

2026 NY Slip Op 06237, at the official text

the refusal to charge the justification defense was not harmless

2026 NY Slip Op 06237, at the official text

the charge must be given if there is evidence reasonably supportive of the defense, even if there is other evidence which, if credited, would negate it

2026 NY Slip Op 06237, at the official text