People v. Moore

(dissenting and voting to reverse the judgment appealed from and remit the matter to the Supreme Court, Kings County, for a new trial, with the following memorandum): I agree that it was proper for the Supreme Court to have submit*713ted to the jury the lesser-included offense of assault in the second degree (see CPL 300.50 [1]). However, I must dissent, respectfully, since, in my view, the record demonstrates that the trial court erred in failing to instruct the jury as to the defense of justification and because the defendant was denied the effective assistance of counsel based on his counsel’s…