In People v. Deverow, the Court of Appeals ordered a new trial for a defendant convicted of murder in the second-degree and criminal possession of a weapon in the second-degree arising from the shooting death of a 17-year-old. In a unanimous opinion written by Judge Madeline Singas, the court held that the trial court deprived the defendant of his constitutional right to present a defense by precluding certain evidence offered by the defendant in support of his justification defense.

In December 2012, a group of approximately 20 people were standing outside of a home in Queens. According to the sole eyewitness to testify at trial, the eyewitness was traveling near the scene of the shooting while walking his girlfriend home. He saw the defendant and co-defendant, and recognized them from seeing them around the neighborhood. The eyewitness saw the defendant and co-defendant draw their guns. The eyewitness turned to run away and heard two shots fired behind him. When he turned around he saw the defendant and co-defendant pointing their guns at the crowd standing outside the home. The defendant and co-defendant opened fire on the crowd from across the street. One bullet fired by the co-defendant struck and killed the victim. Other witnesses, who did not see the victim being shot, testified that additional shots were fired further up the block moments after the victim was killed. The eyewitness testified that he saw the defendant's and co-defendant's guns flash and smoke, and heard approximately thirteen shots, but he did not see anyone fire a shot at the defendant or co-defendant.