People v. Felder

— Judgment unanimously modified as a matter of discretion in the interest of justice and as modified affirmed and new trial granted on count two of the indictment. Memorandum: Defendant was charged with both intentional and depraved indifference murder in connection with the stabbing death of Sylvester Williams. These counts, and their corresponding lesser included offenses, were submitted to the jury in the alternative. After first apprising the jury of the elements of intentional murder (Penal Law § 125.25 [1]), the court instructed the jury on the defense of justification relative to that…