Judgment unanimously modified on the law and as modified affirmed and new trial granted on count one of the indictment in accordance with the following
Memorandum:
Supreme Court erred in denying defendant's request for a charge on the defense of justification. Viewing the record in the light most favorable to defendant, we conclude that the evidence supports the defense (see, People v McManus,
Welcome to the leading source of independent legal reporting
Let's get started
Sign on now to see your case.
Or view more than 10 million decisions and orders.