People v. Martin

Judgment of the Supreme Court, New York County (Richard Lowe, J.), rendered June 28, 1989, convicting defendant, after a jury trial, of assault in the first degree and sentencing her to an indeterminate prison term of 3 to 9 years, unanimously affirmed, and the case is remitted to the Supreme Court, New York County, for further proceedings pursuant to CPL 460.50 (5).

On November 20, 1988, defendant, a correction officer, shot Esam Moustaffa in the leg during a traffic altercation resulting from her blocking of traffic when she double-parked her car.

The failure of the People to give notice of…