People v. Davis

— Appeal by the defendant from a judgment of the Supreme Court, Kings County (Lombardo, J.), rendered February 29, 1988, convicting him of manslaughter in the second degree and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is reversed, on the law and as a matter of discretion in the interest of justice; the first and second counts of the indictment are dismissed, without prejudice to the People to re-present any appropriate charges with respect to the second count of the indictment to another Grand Jury (see, People…