Under New York law, the duress defense can be used to negate a homicide charge.

• A. True
• B. False
• C. Only in certain cases
• D. Not recognized

Answer: (A)

Duress can be a defense to homicide in New York when a person is compelled to commit the crime by a threat of imminent death or serious bodily harm from another, and there is no reasonable alternative to avoid the threatened harm. The threat must be such that a reasonable person would fear for life or limb, and the defendant must not have placed themselves in the situation or been the aggressor. If these conditions are met, the homicide charge can be negated because the act was not truly voluntary. While the defense has strict limits, the basic rule is that duress can excuse homicide under the proper circumstances, so the statement is correct.