People v. Wynn

—Judgment unanimously reversed on the law and indictment dismissed without prejudice to the People to re-present any appropriate charges to another Grand Jury. Memorandum: The trial court erred in refusing to instruct the jury on the justifiable use of deadly force to prevent or terminate a burglary (see, Penal Law § 35.20 [3]; People v Williams, 121 AD2d 145). A reasonable view of the evidence would have permitted the jury to find that defendant reasonably believed that the victim was committing a burglary and that deadly force was necessary to prevent or terminate the commission of that…