PEOPLE v. VINNIANE


70 A.D.2d 956 (1979)

The People of the State of New York, v. Anthony Vinniane, Also Known as Scientific, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

June 25, 1979


Judgment reversed, on the law, and new trial ordered.

The defendant was charged with murder in the second degree (felony murder). At trial significant evidence was presented which, if found credible by the jury, would have led to an acquittal based on the affirmative defense to felony murder (see Penal Law, § 125.25, subd 3). The court, however, instructed the jury in such manner as to allow the jury to think that application...

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