Judgment reversed, in the interests of justice, and new trial ordered.
The jury found, in the language of the indictment, that the defendant, on October 7, 1969, "with intent to cause serious physical injury to Patrick Wallace, caused the death of said Patrick Wallace by stabbing him in the neck with a knife" (Penal Law, § 125.20). At the trial, defendant admitted the slaying but claimed he stabbed the decedent, a building superintendent, when the latter, without...
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