PEOPLE v. IRVING

2012-10322

130 A.D.3d 844 (2015)

15 N.Y.S.3d 62

2015 NY Slip Op 06167

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ERROL IRVING, Appellant.

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

Decided July 15, 2015.


Ordered that the judgment is reversed, on the law, and a new trial is ordered.

On February 4, 2011, the victim, who was a carpenter employed by the defendant's landlord, was found stabbed to death in the house in which the defendant rented a room. The defendant was charged with his murder and, after a jury trial, was convicted of murder in the second degree.

At trial, the defendant testified that the victim came to the house to retrieve his tools and to collect...

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