People v. Ballard

Judgment unanimously reversed on the law, new trial granted on that count of the indictment charging criminal possession of a weapon in the fourth degree; leave granted to the People to present the charge of manslaughter in the second degree to another Grand Jury, in accordance with the following memorandum: Defendant was initially tried on two counts of murder in the second degree and one count of criminal possession of a weapon in the fourth degree. The jury found him guilty of two counts of manslaughter in the first degree as lesser included offenses and also found him guilty of criminal…