PEOPLE v. BRECKENRIDGE

6347, 4460/11.

162 A.D.3d 425 (2018)

79 N.Y.S.3d 122

2018 NY Slip Op 04074

The People of the State of New York, Respondent, v. Travis Breckenridge, Appellant.

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

Decided June 7, 2018.


As in cases such as People v Velez (131 A.D.3d 129 [1st Dept 2015]), the court's jury 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 count of first-degree assault. We find that this error warrants reversal of the assault conviction in the interest of justice, and we reject our dissenting colleague's contention that...

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