Ordered that the amended judgment is reversed, on the law, and a new trial is ordered. No questions of fact have been raised or considered.
The trial court erred in instructing the jury as to murder in the second degree, without, as requested by the defense counsel, submitting to the jury a charge on the lesser-included offense of manslaughter in the first degree based on intent to cause serious physical injury (see, Penal Law § 125.20 [1]; § 125...
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.