People v. Martin

Appeal by the defendant from an amended judgment of the Supreme Court, Kings County (Lagaña, J.), rendered June 22, 1990, convicting him of murder in the second degree, criminal possession of a weapon in the second degree, criminal possession of a weapon in the third degree, and assault in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the amended judgment is reversed, on the law, and a new trial is ordered. No questions of fact have been raised or considered.

The trial court erred in instructing the jury as to murder in the second degree, without, as requested by…