People v. Johnson

Judgment, Supreme Court, Bronx County, rendered March 12, 1976, convicting defendant, after a jury trial, of murder in the second degree (felony murder) and sentencing him to a term of 25 years to life, is reversed, on the law and as a matter of discretion in the interest of justice, and the case is remanded to the trial court for a new trial. The evidence introduced by the District Attorney was in substance that the defendant was one of three men walking behind the deceased, that as a preliminary to a robbery the defendant struck the deceased over the head with a blunt instrument inflicting…