In this New York case, a man shot and killed a potential assailant inside the man's home. The two had become involved in a dispute relating to their business relationship. The man who was shot weighed about 360 pounds and was much larger than the home's occupant. He previously had attacked the occupant, injuring his leg.

On the morning of the shooting, the large man and a companion appeared outside the home, hurling objects at it. They left, but the large man returned with two companions. The occupant, anticipating a confrontation, locked his door and retrieved a .25 caliber handgun from his bedroom.

The group burst into the home, and the large man began demanding money while pounding his fists on the kitchen table. The alarmed occupant drew his pistol and demanded that the intruders leave. The large man apparently laughed at the small size of the pistol, at which point the occupant withdrew to his bedroom and emerged with a loaded 12-gauge shotgun. He stood in his living room and again ordered the intruders to leave. The large man started to leave, then turned to face the occupant. He told his companions to take anything of value, and that he would meet them outside after attending to some business. The large man advanced toward the occupant, who warned him that he would shoot if he came any closer. When the large man was about a step away from the barrel of the gun, the occupant fired into the large man's abdomen. He died later that day.