PEOPLE v. BRAITHWAITE

2015-05911. Ind. No. 2965/14.

153 A.D.3d 929 (2017)

60 N.Y.S.3d 403

2017 NY Slip Op 06369

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JASON BRAITHWAITE, Appellant.

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

Decided August 30, 2017.


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

The defendant slashed the complainant multiple times across the chest and neck with a "Karambit" knife during a physical altercation on a Brooklyn street. He was charged with, inter alia, assault in the first degree, attempted assault in the first degree, and assault in the second degree. At trial, the defendant asserted a justification defense. The jury acquitted the defendant of assault...

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