Under New York law, is duress a defense to homicide?

• A. Yes
• B. No
• C. Only if the threat is to D's life
• D. Only if D's family is threatened

Answer: (A)

Duress can excuse homicide when the defendant acts because of an imminent threat of death or serious bodily harm, and there was no reasonable way to avoid the danger other than committing the offense. In New York, the threat must come from another person, be to a degree that a reasonable person would fear imminent harm, and the defendant’s response must be necessary to avoid that harm. The defendant’s belief that the danger was imminent and the choice to commit the homicide must be reasonable under the circumstances, and the defendant must not have created or recklessly placed themselves in the peril. If these elements are met, the homicide can be excused due to duress.