People v. Dixon

Judgment unanimously reversed as a matter of discretion in the interest of justice and new trial granted. Memorandum: Defendant appeals from a judgment convicting him of assault in the second degree for pistol-whipping the complainant, Jamie Ramos. The incident arose from a racial dispute between defendant, a black man, and a group of Hispanic men who disapproved of defendant’s relationship with an Hispanic woman. The incident occurred when, as defendant was leaving his girlfriend’s house, he was confronted by 4 or 5 Hispanic men. At trial, defendant asserted the defense of justification and…