People v. Ayala

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Owens, J.), rendered September 26, 1989, convicting him of murder in the second degree, after a nonjury trial, and imposing sentence.

Ordered that the judgment is reversed, as a matter of discretion in the interest of justice, and a new trial is ordered.

During the course of rendering his verdict, the Trial Judge stated that he had expected the defendant to testify as to his affirmative defense of extreme emotional disturbance and that if the defendant had so testified, then he would have been inclined to render a…