The key definition for "dwelling" in the context of Article 35 comes from the Court of Appeals in People v. Hernandez, 98 N.Y.2d 175 (2002).
Basically comes down to "a person's residence" and "the determination of whether a particular location is part of a defendant's dwelling depends on the...
That is not correct. The meaning of the words "castle doctrine" are to establish that you have no duty to retreat within your dwelling. This is enshrined in the New York Penal Code Section 35.15 2.(a)(2), which reads in relevant part (emphasis added):
A person may not use deadly physical...
Yes of course, I only wanted to point out the law in New York on these points, since I assume most visitors here are NYers.
But I don't think you were saying there is a duty to retreat inside the "castle" portions of your home? That's not the case. Of course the justification requirements...
Just FYI, in New York State the castle doctrine extends to your garage but only if it is part of the main house. A separate structure is not part of your castle. A garage attached to the main house that does not have a passage door into the house does in fact count as part of the castle.
Also...
This one merits its own thread. The meme is very misleading about the case.
https://nygunforum.com/threads/good-shoot-manslaughter-charges-brought-in-michigan-garage-burglary-shooting.66706/
Was it a good shoot, or not?
tl;dr Man shoots into his closed windowless detached garage through a closed door because he believes a burglary is in progress, killing a young man.
https://nypost.com/2025/11/16/us-news/dayton-knapton-charged-in-shooting-of-sivan-wilson/
This is alive and moving forward
https://nypost.com/2025/11/12/us-news/inside-speed-limiter-tech-that-would-force-bad-drivers-to-slow-down-under-state-bill-can-save-lives/
It’s not unconstitutional until a court says it is. And unfortunately no court — including the Supremes — seems to want to say that.
So expect this nonsense to continue indefinitely.
Two assholes with an AR-15 caused the closure of Maidstone in East Hampton.
https://www.easthamptonstar.com/villages/2023223/inside-look-troubled-range
Parzival is correct that reasonable suspicion is the correct standard. It's from a 1985 Supreme Court (NJ v TLO) case on school searches. Defined as when "there are reasonable grounds for suspecting that the search will turn up evidence that the student has violated or is violating either the...
Well the Republicans are on the cusp of victory in this shutdown nonsense. There are not many SNAP recipients in the Republican voter base.
https://nypost.com/2025/10/27/us-news/usda-announces-no-federal-snap-benefits-will-be-delivered-over-government-shutdown-blames-democrats/
It’s a laughable claim that this saves business money. Unemployment insurance is paid for by premiums on existing workers. That’s an additional cost for this freebie that will now be added to employer side taxes. It both increases patroll cost and effectively reduces the employee salary because...
ChatGPT did a lot of work since no data is published by segment, but makes a pretty good estimate of the revenue for the segment in question at $106m per year. So expect the Senecas to take the bulk of that, and also expect Seneca tribal police to start patrolling that segment of the road for...
Well it's about money. The Senecas will take a bunch, the Thruway will have less, the tolls will go up to make up the difference, and everyone in upstate New York will pay for it directly or indirectly.
Well I guess she's more than about beating off . . .
https://nypost.com/2025/10/01/us-news/virginia-democrat-who-live-streamed-herself-having-sex-for-money-arrested-for-domestic-violence/
Well here's the photo of the bullets, tells you what you need to know. If you follow this link, there's a photo of the shooter's corpse which is interesting because it shows the weapon and it also shows the shooter was killed by counterfire, not a suicide.