Judgment reversed on the law and new trial granted. The findings of fact implicit in the jury's verdict are affirmed.
In our opinion, it was substantial, prejudicial error for the trial court to charge, on the issue of self-defense, that defendant had a duty to retreat "to the wall", if possible, before defending himself. The rule imposing that duty of retreat applies to homicide cases, but not to assault cases (People v. Lopez, 238 App. Div. 619; People...
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