People v. Kareem

2017 NY Slip Op 1994, 148 A.D.3d 550, 48 N.Y.S.3d 897

Opinion

Judgment, Supreme Court, New York County (Michael R. Sonberg, J.), rendered August 24, 2015, convicting defendant, after a jury trial, of attempted assault in the first degree, and sentencing him to a term of 5 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 jury charge failed to convey that an acquittal on the top count of first-degree assault based on a finding of justification would preclude consideration of the remaining charges. We find that this error was not harmless and warrants reversal in the interest of justice (see e.g. People v Blackwood, 147 AD3d 462 [1st Dept 2017]; People v Flores, 145 AD3d 568 [1st Dept 2016]). We have considered and rejected the People’s various arguments for affirmance.

Since we are ordering a new trial, we find it unnecessary to reach defendant’s remaining contentions.

Concur — Acosta, J.P., Renwick, Manzanet-Daniels, Webber and Gesmer, JJ.