A jury will decide his fate - based upon certain criteria of self defense - was it necessary at that moment, did he truly feel in danger (or was he just angry), did he have the ability to retreat to safety, etc. My gut tells me his actions won't meet the criteria of true self defense.
Off hand I believe the laws in New York tend to be more stringent re: self defense, especially as this wasn't a home invasion situation. But absolutely being struck in some manner does not suddenly give you the right to wail on somebody with all your might. Unless you can convince the courts that your life or serious bodily harm is at risk, you better think before you act.
Some posters seem to be off the reservation when it comes to a reasonable response - if an elderly, handicapped individual strikes me in irritation, do I have the right to roundhouse kick him/her in response? Legally and morally NO - i can easily move myself out of "danger" and report the person to the proper authorities.
I'm willing to be proven wrong based on medical examinations of the damage both individuals took as well as video footage, but again I think it's unlikely he either took serious harm or felt at serious risk from her. Words were exchanged, they were both pissed, they *both* struck in anger, not self defense.
Off hand I believe the laws in New York tend to be more stringent re: self defense, especially as this wasn't a home invasion situation. But absolutely being struck in some manner does not suddenly give you the right to wail on somebody with all your might. Unless you can convince the courts that your life or serious bodily harm is at risk, you better think before you act.
Some posters seem to be off the reservation when it comes to a reasonable response - if an elderly, handicapped individual strikes me in irritation, do I have the right to roundhouse kick him/her in response? Legally and morally NO - i can easily move myself out of "danger" and report the person to the proper authorities.
I'm willing to be proven wrong based on medical examinations of the damage both individuals took as well as video footage, but again I think it's unlikely he either took serious harm or felt at serious risk from her. Words were exchanged, they were both pissed, they *both* struck in anger, not self defense.