People v. Irby

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be modified by vacating the conviction for felony murder and remitting that count to County Court, Nassau County, for a new trial, and, as so modified, affirmed.

Our disposition is not, as viewed by the dissenter, based on the refusal of the trial court to charge in accordance with the specific requests made by defense counsel. Rather it is predicated on the persistent refusal of the trial court (to which defense counsel registered timely protest) to charge the jury in any way as to the effect of any police custody or…