People v. O'Toole

Appeal by the defendant from a judgment of the County Court, Suffolk County (Namm, J.), rendered January 18, 1984, convicting him of murder in *640the second degree (two counts), upon a jury verdict, and imposing sentence.

Ordered that the judgment is reversed, on the law, and a new trial is ordered. The facts have been considered and are determined to have been established.

The record reveals that the defendant was charged with one count of intentional murder and one count of depraved mind murder arising out of a single homicide. Prior to the trial court’s charge to the jury, the defendant…