People v. Godfrey

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, and the case remitted to that court for consideration of the facts (CPL 470.25 [2] [d]; 470.40 [2] [b]).

In November 1982, defendant was charged with second degree murder (Penal Law § 125.25 [1]) in connection with the shooting death of Rodney Marsh — an acquaintance of his— during a violent altercation between the two in defendant’s home.

At trial, defendant took the stand in his own defense and admitted having fired the fatal shots, but claimed that his conduct had been justified under the circumstances…