Judgment unanimously reversed as a matter of discretion in the interest of justice and new trial granted.
Memorandum:
Defendant contends that the trial court erred in failing to charge the defense of justification with regard to the crime of assault in the second degree (Penal Law § 120.05 [3]). We agree. In its instructions to the jury the court charged the defense of justification as to the second, fourth, fifth and sixth counts of the indictment that...
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