Judgment unanimously reversed as a matter of discretion in the interest of justice and new trial granted.
Memorandum:
Defendant was indicted for murder in the second degree as a result of the fatal stabbing of Frazier Hatch. At trial defendant asserted a justification defense. The jury convicted defendant of manslaughter in the second degree. The judgment must be reversed and a new trial granted in the interest of justice (CPL 470.15 [6] [a]).
The...
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