Judgment reversed, on the law and as a matter of discretion in the interest of justice, and new trial ordered.
The defendant admitted that he stabbed the victim during a fight. This admission was made voluntarily to the police immediately after the incident. The only question for resolution by the jury was whether the stabbing was done in self-defense (see Penal Law, § 35.00 et seq.). The proof on this issue was contradictory and strongly contested. The...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.