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PEOPLE v. RODRIGUEZ

1854, 1553/07.

143 A.D.3d 497 (2016)

2016 NY Slip Op 06656

39 N.Y.S.3d 416

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EDY RODRIGUEZ, Appellant.

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

Decided October 11, 2016.

As in People v Velez (131 A.D.3d 129 [1st Dept 2015]), reversal in the interest of justice is warranted by the court's failure to convey to the jury, directly or indirectly, in any part of its charge, that an acquittal on the top counts, regarding the respective victims, of murder in the second degree and attempted murder in the second degree based on a finding of justification would preclude...

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