PEOPLE v. COLASUONNO

16540, 1319/12

135 A.D.3d 418 (2016)

23 N.Y.S.3d 179

2016 NY Slip Op 00021

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROBERT COLASUONNO, Appellant.

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

Decided January 5, 2016.


The jury acquitted defendant of attempted murder in the second degree and assault in the first degree, but found him guilty of attempted first-degree assault, arising out of the stabbing of his cousin. Justification was a central issue at trial, and, because of the defect in the court's charge, it is impossible to discern whether acquittal of the top count was based on the jury's finding of justification in a manner that would mandate acquittal on the lesser count.

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