People v. Blackwood

2017 NY Slip Op 941, 147 A.D.3d 462, 46 N.Y.S.3d 413

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: February 7, 2017
• Docket: 3026 166/13
• Status: Published

Opinion

Judgment, Supreme Court, Bronx County (Peter J. Benitez, J.), rendered December 12, 2014, convicting defendant, after a jury trial, of assault in the first degree, and sentencing him to a term of eight years, unanimously reversed, as a matter of discretion in the interest of justice, and the matter remanded for a new trial.

As in People v Velez (131 AD3d 129 [1st Dept 2015]), the court’s charge did not convey to the jury that an acquittal on the top count of attempted murder based on a finding of justification would preclude consideration of the other charges. We find that the error was not harmless, and that it warrants reversal in the interest of justice (see e.g. People v Flores, 145 AD3d 568 [1st Dept 2016]; People v Delin, 145 AD3d 566 [1st Dept 2016]).

In light of this determination, we find it unnecessary to reach any other issues.

Concur — Friedman, J.P., Andrias, Moskowitz, Kapnick and Kahn, JJ.