PEOPLE v. MELENDEZ


96 A.D.2d 517 (1983)

The People of the State of New York, Respondent, v. David Melendez, Appellant

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

July 5, 1983


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

The Trial Judge erred in charging the jury under the wrong section of the Penal Law. While the court attempted to cure the error by correctly charging the section under which defendant was indicted, it failed to inform the jury that its original instruction was incorrect. Consequently, we cannot be confident that the jury found defendant guilty of the crime of which he...

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