People v. Fuller

Appeal by defendant from a judgment of the County Court, Orange County (Ingrassia, J.), rendered November 13, 1980, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.

Judgment reversed, as a matter of discretion in the interest of justice, and new trial ordered.

On a prior appeal we reversed defendant’s conviction in the interest of justice, on the ground that the trial court’s charge on the issue of justification was insufficient. We stated, “[ujnder circumstances where the evidence indicates that the defendant shot his victim during a time in which the…