People v. Frazier

Appeal by the defendant from a judgment of the Supreme Court, Westchester County (Molea, J.), rendered July 25, 2002, convicting him of murder in the second degree and criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is modified, on the law, by vacat*456ing the conviction of murder in the second degree and vacating the sentence imposed thereon, and a new trial is ordered on that count; as so modified, the judgment is affirmed.

On the evening of June 27, 2001, the defendant stabbed the victim to death during an altercation. At…