PEOPLE v. HOLIDAY


70 A.D.2d 645 (1979)

The People of the State of New York, Respondent, v. Charlie Holiday, Appellant

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

May 21, 1979


Judgment reversed, on the law and as a matter of discretion in the interest of justice, and new trial ordered.

On February 5, 1977 complainant, who was renting a room in the defendant's home, got into an argument with the defendant over unpaid rent and a scuffle ensued. Complainant then walked upstairs to his room, whereupon the defendant picked up a knife and followed him. Defendant testified that as he "pushed [open] the door" to complainant's room, the complainant...

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