PEOPLE v. VELEZ

14545, 4461/10

131 A.D.3d 129 (2015)

13 N.Y.S.3d 354

2015 NY Slip Op 05619

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DANIEL VELEZ, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided June 30, 2015.


Attorney(s) appearing for the Case

Robert S. Dean , Center for Appellate Litigation, New York City ( Susan H. Salomon of counsel), for appellant.

Robert T. Johnson , District Attorney, Bronx ( Eric C. Washer and Peter D. Coddington of counsel), for respondent.

ACOSTA, ANDRIAS, MOSKOWITZ and KAPNICK, JJ., concur.


OPINION OF THE COURT

A jury found defendant guilty of the lesser charges arising out of the stabbing of his girlfriend's son but acquitted him of the top count of the indictment, attempted murder in the second degree. Since justification was a central issue at trial and the court's instructions did not convey that acquittal of...

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