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People v. Benjamin

Appellate Division of the Supreme Court of New York, Second Department
Mar 31, 1975
47 A.D.2d 861 (N.Y. App. Div. 1975)

Opinion

March 31, 1975


Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered June 14, 1973, convicting him of murder, upon a jury verdict, and imposing sentence. Judgment reversed, on the law and as a matter of discretion in the interest of justice, and new trial ordered. Viewing defendant's trial testimony in the light most favorable to him, as required (People v Steele, 26 N.Y.2d 526, 529), it is apparent that an instruction to the jury on the defense of justification was called for in this case (see People v Sanza, 37 A.D.2d 632). The failure of the trial court to instruct the jury on this issue requires a reversal and a new trial. The fact that no exception was taken to the charge as given and that no request to charge was made "is of no moment * * * where a [homicide] conviction is founded upon an erroneous charge" (People v Rainey, 34 A.D.2d 557; People v Almond, 37 A.D.2d 571; People v Butts, 14 A.D.2d 486). Latham, Acting P.J., Cohalan, Christ, Brennan and Shapiro, JJ., concur.


Summaries of

People v. Benjamin

Appellate Division of the Supreme Court of New York, Second Department
Mar 31, 1975
47 A.D.2d 861 (N.Y. App. Div. 1975)
Case details for

People v. Benjamin

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WILLIAM BENJAMIN…

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

Date published: Mar 31, 1975

Citations

47 A.D.2d 861 (N.Y. App. Div. 1975)

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