People v. Flores

Judgment, Supreme Court, New York County (Bruce Allen, J.), rendered July 9, 2014, convicting defendant, after a jury trial, of manslaughter in the first degree and gang assault in the first degree, and sentencing him to an aggregate term of 15 years, unanimously reversed, as a matter of discretion in the interest of justice, the murder count dismissed with leave to re-present any appropriate charges to the grand jury, and the matter otherwise remanded for a new trial on the gang assault count.

As in cases such as People v Velez (131 AD3d 129 [1st Dept 2015]), the court’s charge did not convey…