People v. Burnell

Appeal by defendant from a judgment of the Supreme Court, Kings County (Felig, J.), rendered December 17, 1979, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence. Judgment reversed, on the law, and new trial ordered. Defendant was indicted and charged with murder in the second degree. The prosecution’s evidence at trial showed that defendant had stabbed the victim with a knife. On this appeal defendant argues, inter alia, that it was error for the trial court to have denied his request to charge the jury as to the defense of justification. We agree.…