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PEOPLE v. MARCUCCI

5605. 4021/10.

158 A.D.3d 434 (2018)

67 N.Y.S.3d 818

2018 NY Slip Op 00634

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROBERTO MARCUCCI, Appellant.

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

Decided February 1, 2018.

As in cases such as People v Velez (131 A.D.3d 129 [1st Dept 2015]), the court's charge failed to convey that an acquittal on the top count of attempted second-degree murder based on a finding of justification would preclude consideration of the remaining charges. We find that this error was not harmless and that it warrants reversal in the interest of justice (see e.g. People v Kareem, 148 A.D.3d 550

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