PEOPLE v. CARNEGIE


74 A.D.2d 651 (1980)

The People of the State of New York, Respondent, v. Ronald Carnegie, Appellant

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

February 25, 1980


Judgment reversed, as a matter of discretion in the interest of justice, and new trial ordered. Appeal from the order dismissed as academic in light of the determination on the appeal from the judgment.

The defendant contends that Criminal Term erroneously charged the jury with respect to attempted murder in the second degree. The jury was correctly charged with respect to the elements of intentional murder. However, coupled with these instructions were descriptions...

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